5 Most Common Questions New Accident and Injury Clients Ask

When you’ve been injured in an accident, the questions pile up faster than you can process them. You’re dealing with pain, medical appointments, insurance calls, and mounting concerns about your future. That’s why I’ve compiled this guide—to address the five questions I hear most often from clients walking through our office doors for the first time.

1. “Do I Really Need a Lawyer?”

This is the question that often comes first, and it’s a fair one. The answer depends on several factors, but here’s what you should consider: insurance companies have entire teams of adjusters and attorneys working to minimize what they pay out. You deserve someone equally qualified in your corner.

If your injury is minor and the circumstances are straightforward, you might be able to handle a small claim yourself. However, most people significantly underestimate the value of their claim. You might be entitled to compensation not just for medical bills and lost wages, but also for pain and suffering, future medical care, reduced earning capacity, and emotional distress. A lawyer knows how to quantify these damages properly and negotiate aggressively on your behalf. Additionally, having legal representation often results in higher settlements—studies consistently show that clients with attorneys recover substantially more than those negotiating alone.

The bottom line: if your injuries are anything beyond trivial, or if you’re uncertain about liability, having a lawyer protects your interests and ensures you’re not leaving money on the table.

2. “How Much Will This Cost Me?”

Cost concerns are legitimate, and I appreciate when clients ask directly. Here’s how it typically works: most personal injury attorneys, including our firm, work on a contingency fee basis. This means we don’t get paid unless you get paid. Our fee is usually a percentage of your settlement or court award—typically between 25% and 40%, depending on the complexity of your case and whether we go to trial.

What does this mean for you? You have zero upfront costs. We handle the investigation, paperwork, negotiations, and litigation, and we only take our percentage if we successfully recover compensation for you. If we don’t win, you don’t pay us anything. There are typically some minor costs associated with your case—things like filing fees, expert witness fees, or medical record requests—but your attorney will discuss these with you transparently upfront, and in many cases, these costs are deducted from the settlement rather than coming out of your pocket.

This arrangement aligns our incentives with yours: we only make money when we get you the best possible outcome, so we’re highly motivated to fight for your rights.

3. “How Long Will This Take?”

Patience is one of the hardest parts of an injury claim, but rushing through the process can cost you money. Here’s the realistic timeline: most straightforward cases take 6 to 12 months to resolve. More complex cases, especially those requiring litigation, can take 1 to 3 years or longer.

The initial phase involves gathering evidence, obtaining medical records, and building your case—this typically takes a few months. During this time, you’ll likely still be recovering, and your medical treatment plays a crucial role in demonstrating the extent of your injuries. Once we have a clear picture of your damages, we’ll attempt to negotiate a settlement with the insurance company. This negotiation phase can take weeks to months depending on how cooperative they are.

If the insurance company won’t offer fair compensation, we’ll file a lawsuit. The litigation process includes discovery, potentially depositions, and potentially trial—this is where the timeline extends considerably. However, most cases settle even during litigation, often after seeing how strong your case is once discovery moves forward.

The key takeaway: there’s no way to rush a proper injury claim without potentially hurting your recovery or your case value. Trust the process.

4. “What If I Was Partially at Fault?”

Many new clients hesitate to call us because they believe they might have been partially responsible for their accident. This concern often prevents people from pursuing legitimate claims, but here’s what you need to know: in most jurisdictions, you can still recover damages even if you were partly at fault—as long as you weren’t the majority at fault.

This concept is called “comparative negligence” or “comparative fault.” Depending on your state’s laws, you might be able to recover even if you were 50% or 70% at fault (the exact threshold varies by location). For example, if you were hit by a car while jaywalking and awarded $100,000 in damages, but found to be 20% at fault, you would typically receive $80,000.

The important thing is: don’t assume you can’t pursue a claim. Insurance adjusters often try to shift blame onto injured parties to reduce their payout. An experienced attorney can evaluate the facts objectively, determine actual liability, and fight against unfair blame-shifting.

5. “What Should I Do Right Now?”

This final question represents the intersection of legal strategy and practical wisdom. If you’ve recently been injured, here’s what matters most:

1. Seek medical attention immediately. This is both for your health and your case. Medical records create the documentation of your injuries, and gaps in treatment can be used against you later.

2. Document everything. Take photos of accident scenes, your injuries, and any property damage. Keep records of all medical visits, prescriptions, and treatments. Save receipts for any expenses related to your injury, including transportation to appointments or home modifications you needed.

3. Don’t discuss your case on social media or with anyone except your doctor and lawyer. Insurance adjusters monitor social media, and casual comments can be used to minimize your claim.

4. Report the accident to relevant authorities (police for traffic accidents, OSHA for workplace injuries, etc.) and your insurance company as required.

5. Don’t accept a quick settlement offer. Insurance companies often make low initial offers hoping you’ll accept before understanding the full value of your claim.

6. Contact an attorney. The sooner you have legal representation, the sooner we can protect your rights and begin building your case.

Moving Forward

Being injured in an accident is traumatic and overwhelming. You shouldn’t have to navigate the legal and insurance maze alone. These five questions represent just the beginning of what you might wonder about—and that’s exactly what we’re here for. If you or a loved one has been injured and you’re asking any of these questions, reach out. Most consultations are free, and we’re ready to help you understand your options and fight for the compensation you deserve.