How to Interview and Evaluate a
Personal Injury Lawyer
See also: Interviewing Skills
You've been hurt, and now you're navigating a world of legal jargon, firm websites, and promises of significant settlements. It's a lot. But finding the right personal injury lawyer doesn't have to feel overwhelming.
With thoughtful questions and a clear sense of what to look for, you can confidently engage a personal injury lawyer who'll fight for your best outcome and treat you like more than just a case number.
Understanding the Personal Injury Field
The personal injury field is vast, with tens of thousands of attorneys practicing across the United States. This large number means you have plenty of options if you want to speak to a personal injury lawyer, but it also makes the selection process more challenging. Personal injury law covers everything from car accidents and slip-and-fall cases to medical malpractice and product liability claims.
Different lawyers have different areas of focus within personal injury law, so it's important to find someone who has experience with cases similar to yours. Some attorneys may specialize in auto accidents, while others focus on workplace injuries or medical malpractice. Understanding this specialization will help you narrow down your search from the start.
Soft Skills You Need as an Interviewer
Interviewing a lawyer isn't just about asking the right questions; it's about how you ask them. The most effective interviewers bring:
Empathy: You're not just evaluating credentials; you're building a relationship.
Assertiveness: Don't hesitate to ask tough questions or request clarification.
Active listening: Pay attention to tone, body language, and what's not being said.
Clarity: Be honest about your expectations, concerns, and communication preferences.
Next, we’ll look at how to find a good personal injury lawyer and what kind of questions you should be asking.
Researching Potential Candidates
Before you start interviewing personal injury lawyers, do your homework. Begin by asking friends, family members, and other professionals for referrals. Your family doctor, accountant, or other trusted advisors may have worked with personal injury attorneys in the past and can provide valuable insights.
Online research is equally important. Check state bar association websites to verify that potential lawyers are licensed and in good standing. Look for any disciplinary actions or complaints that might be red flags. Review their websites and online profiles to understand their experience, case results, and approach to client service.
Don't overlook online reviews and testimonials, but remember to read them critically. While overwhelmingly positive or negative reviews can provide helpful information, focus on specific details about communication, case handling, and results rather than general praise or complaints.
Preparing Questions for Initial Consultations
Most personal injury lawyers offer free initial consultations, which allow you to evaluate them without financial commitment. Prepare a list of questions to make the most of this time—your questioning skills matter. Ask about their experience with cases like yours, including how many similar cases they've handled and the outcomes.
Inquire about their approach to case preparation and whether they will take your case to trial if necessary. Many cases settle out of court, but you want a lawyer who isn't afraid to go to trial if that's what it takes to get fair compensation. Also, ask about their current caseload and how much personal attention they'll be able to give your case.
Understanding the timeline is crucial, as personal injury cases can often take many months, or even over a year, to settle. Ask about factors that could affect this timeline and what you can expect during different phases of your case.
Evaluating Experience and Track Record
Experience matters significantly in personal injury law. Look for attorneys who have handled numerous cases similar to yours and have a proven track record of success. However, don't just focus on the total number of years they've been practicing; consider how much of their practice is dedicated to personal injury law and your specific type of case.
Ask for specific examples of case results, keeping in mind that past results don't guarantee future outcomes. A good lawyer should be able to discuss their successes while being honest about the challenges and potential limitations of your case. Be wary of anyone who makes unrealistic promises about guaranteed outcomes or settlement amounts.
Assessing Communication Style and Accessibility
Your personal injury lawyer will be your advocate and guide throughout what can be a stressful and lengthy process. Pay attention to how good they are at communicating— their communication skills—during your initial consultation. Do they explain legal concepts in terms you can understand? Do they listen carefully to your concerns and answer your questions thoroughly?
Talk to a personal injury lawyer about their communication policies. How often will they update you on your case? What's the best way to reach them with questions? Will you be working primarily with the attorney or with support staff? Clear communication expectations from the beginning can prevent frustration later in the process.
Consider responsiveness as well. If they take days to return your call for an initial consultation, that might indicate how accessible they'll be once you're a client.
Understanding Contingency Fee Structures and Costs
Most personal injury lawyers operate on a contingency fee basis. This means that they are not paid unless your case is successful. However, the percentage they take can vary, typically ranging from 33% to 40% of your award. Ensure you understand exactly what percentage they charge and whether it increases if your case goes to trial.
It's worth noting that while many people hope for substantial settlements, the reality is that many personal injury cases result in modest settlements. Understanding this can help set realistic expectations and emphasize the importance of finding a lawyer who will work diligently on your behalf, regardless of the potential settlement size.
Red Flags to Watch for When Choosing an Attorney
Avoid personal injury lawyers who guarantee specific outcomes or promise unrealistically high settlements. Personal injury cases are unpredictable, and no ethical attorney can offer certainty. Avoid anyone who pressures you to sign immediately or discourages you from seeking a second opinion. If communication feels strained or dismissive during the consultation, it's unlikely to improve once you've signed on. Trust your instincts; discomfort now often signals trouble later.
Making Your Final Decision
After interviewing several personal injury attorneys, reflect on your interactions with each one. Consider not just their qualifications and experience, but also your comfort level with them. You'll work closely with your chosen attorney for months, so trust and rapport are essential.
Choosing the right personal injury lawyer requires careful research, thoughtful questions, and honest evaluation of your options. While the process may seem overwhelming, especially when you're dealing with injuries and recovery, taking the time to find the right attorney can significantly impact both your case outcome and your overall experience.
About the Author
Karl Logina is a seasoned personal injury attorney with over 15 years of experience helping clients achieve justice. Known for his compassionate approach, Karl combines legal expertise with emotional intelligence to navigate complex cases successfully. He frequently writes about the human side of litigation and client advocacy.
