Questions to Ask Before Hiring a Personal Injury Lawyer in Virginia
If you have been injured in a car accident, slip and fall, or another incident caused by someone else, choosing a personal injury lawyer can be one of the most important decisions you make during your claim. The attorney you hire may be responsible for dealing with insurance companies, gathering evidence, calculating your damages, negotiating a settlement, and, when necessary, taking your case to court.
Before hiring a Virginia personal injury lawyer, take the time to ask questions about the attorney’s experience, approach, fees, and expectations for your case. The answers can help you decide whether the lawyer is a good fit for you.
1. How Much Experience Do You Have Handling Personal Injury Cases?
Personal injury law involves issues that may not arise in other areas of legal practice. Ask how much of the attorney’s practice involves representing injured people and how long the lawyer has handled personal injury claims.
You may also want to ask whether the attorney regularly handles cases involving the specific type of accident that caused your injuries.
For example, experience with cases involving:
Car accidents
Truck accidents
Motorcycle accidents
Pedestrian accidents
Slip and fall injuries
Wrongful death
Dog bites
Dangerous property conditions
An attorney's experience with similar claims can be particularly important when complicated medical, insurance, or liability issues arise.
2. Have You Handled Cases Similar to Mine?
Every personal injury claim is different, but an attorney who has handled similar cases may already be familiar with many of the issues your claim could present.
For example, a commercial truck accident can involve different evidence and potentially different defendants than a typical two-car collision. Likewise, a premises liability claim against a business presents different questions than an automobile accident.
Ask the lawyer to explain what experience the firm has with circumstances similar to yours.
3. Who Will Actually Handle My Case?
The lawyer you initially meet may not necessarily be the person handling every aspect of your case.
Ask who will be your primary contact and who will perform the day-to-day work. Depending on the firm, your case may involve attorneys, paralegals, legal assistants, investigators, and other professionals.
You should understand who will be responsible for your case and whom you should contact when you have questions.
4. How Will You Communicate With Me?
Communication is an important part of the attorney-client relationship.
Ask how the firm normally communicates with clients and how frequently you can expect updates. Depending on the firm, communication may occur through telephone calls, email, text messages, or a client portal.
You may also want to ask how long it generally takes the firm to respond to client questions.
5. What Do You Think Are the Strengths and Weaknesses of My Case?
A consultation should not simply be about hearing what you want to hear.
Ask the attorney to identify potential strengths and weaknesses in your claim. Issues involving fault, available evidence, pre-existing injuries, insurance coverage, medical treatment, and other circumstances can affect a personal injury case.
An attorney should be willing to discuss potential challenges as well as favorable facts.
6. How Do Your Attorney Fees Work?
Many personal injury attorneys represent clients on a contingency fee basis. This generally means that the attorney's fee is based on an agreed-upon percentage of the recovery rather than an hourly legal fee.
Before signing an agreement, ask:
What percentage will the attorney receive?
Does the percentage change if a lawsuit is filed?
Does the percentage change if the case goes to trial?
How are case expenses handled?
Who is responsible for expenses if there is no recovery?
Make sure you understand the fee agreement before hiring the lawyer.
7. What Costs or Expenses Could Be Involved?
Attorney fees and case expenses are not necessarily the same thing.
A personal injury case may involve expenses associated with obtaining medical records, filing a lawsuit, taking depositions, hiring expert witnesses, obtaining accident reports, or investigating the accident.
Ask how these costs are handled and whether they are deducted from a settlement or judgment.
8. How Do You Determine What My Personal Injury Claim Is Worth?
Be cautious about anyone who guarantees a specific settlement amount during an initial consultation. The value of a personal injury claim can depend on many facts that may not yet be known.
Factors that can affect a claim may include:
The nature and severity of the injuries
Medical expenses
Future medical treatment
Lost wages
Reduced earning capacity
Pain and suffering
Whether the injuries are permanent
Available insurance coverage
Evidence concerning who caused the accident
Ask the lawyer how the firm evaluates damages and what information will be needed to assess your claim.
9. Will You Handle the Insurance Companies for Me?
Insurance adjusters frequently communicate with injured people shortly after an accident.
Ask whether the attorney will take over communications with the insurance companies once you become a client. You should also ask what you should do if an insurance company contacts you directly.
Having a clear communication plan can help prevent confusion while your claim is pending.
10. Are You Prepared to File a Lawsuit If Necessary?
Many personal injury claims are resolved without a trial, but not every case can be settled.
Ask whether the lawyer handles personal injury litigation and whether the firm is prepared to file a lawsuit when appropriate.
You should understand the attorney's approach if the insurance company disputes liability, challenges the extent of your injuries, or makes a settlement offer that you do not wish to accept.
11. How Long Could My Personal Injury Case Take?
There is no single timeline that applies to every personal injury case.
Some claims may be resolved relatively quickly, while others can take considerably longer, particularly when injuries require ongoing treatment or a lawsuit becomes necessary.
Ask the attorney what factors could affect the timeline in your particular situation.
12. What Should I Be Doing Right Now to Protect My Claim?
The actions you take after an accident can affect the evidence available in your case.
Ask the lawyer whether you should preserve photographs, medical documents, receipts, witness information, accident reports, employment records, damaged property, or other evidence.
You should also ask whether there are things you should avoid doing while your claim is pending, including actions that could unintentionally create problems for your case.
13. What Happens If the Insurance Company Denies My Claim?
Insurance companies may dispute who caused an accident, question whether an injury resulted from the accident, or challenge the amount of compensation being requested.
Ask the attorney what options may be available if the insurer denies the claim or refuses to make an acceptable settlement offer.
Understanding the possible next steps can help you know what to expect.
14. What Information Do You Need From Me?
Your attorney may need significant information to properly investigate your claim.
This can include medical records, medical bills, photographs, witness information, insurance documents, employment records, correspondence with insurance companies, and other evidence.
Ask what you should begin gathering and how the firm prefers that information to be provided.
15. Why Should I Choose Your Law Firm?
This is a simple but important question.
Give the attorney an opportunity to explain the firm's approach to personal injury cases, client communication, case preparation, negotiation, and litigation.
Pay attention not only to the answer but also to whether you feel comfortable asking questions and communicating with the lawyer.
Choosing the Right Virginia Personal Injury Lawyer
Hiring a personal injury attorney should not be a rushed decision. Your lawyer may work with you for months or longer, and the outcome of your claim can have a significant effect on your financial future.
Use your initial consultation to learn about the attorney, but also pay attention to how the lawyer treats you. Does the attorney listen to your concerns? Are your questions answered clearly? Are potential problems with your case discussed openly?
The goal is to find an attorney you trust and with whom you feel comfortable working throughout the claims process.
Frequently Asked Questions
How much does it cost to hire a personal injury lawyer in Virginia?
Many personal injury attorneys use contingency fee arrangements, meaning the attorney's fee is based on an agreed percentage of the recovery. Fee arrangements and responsibility for case expenses can vary, so review the written agreement carefully before hiring an attorney.
Should I talk to a lawyer before speaking with an insurance adjuster?
If you are considering hiring an attorney, you may want to obtain legal advice before providing detailed statements or signing documents presented by an insurance company. An attorney can explain how communications with an insurer may affect your particular claim.
Should I hire the first personal injury lawyer I speak with?
You are not required to hire the first lawyer you consult. A consultation can be an opportunity to ask questions, understand the attorney's experience and fee structure, and determine whether the attorney-client relationship is a good fit.
What should I bring to a consultation with a personal injury lawyer?
Useful information can include accident reports, photographs, insurance information, medical records or bills, correspondence from insurance companies, witness information, and documentation showing lost time from work.
How soon should I contact a personal injury lawyer after an accident?
It can be useful to seek legal advice early because evidence can disappear and legal deadlines may apply. The deadline applicable to a particular claim depends on the circumstances, so an attorney should evaluate the specific facts of the case.
Speak With a Virginia Personal Injury Lawyer
If you have been injured because of someone else's actions, you do not have to make decisions about your claim without understanding your legal options.
A consultation with a Virginia personal injury attorney can help you understand the claims process, identify potential issues, and determine what steps may be appropriate for your situation.
Contact our office today to schedule a consultation and discuss your Virginia personal injury claim.
Contact our office to schedule a consultation and learn more about your rights after a car accident.
This article is provided for general informational purposes and does not constitute legal advice. Every accident and personal injury claim is different.
If you have more questions or want to speak with me, you can always visit our Home page by clicking on this link to read more or to set up a free consultation with a lawyer. You can also call or text us at 757-454-2110. We also have on our site an online consultation form. Again, our initial consultation with a lawyer about your case is free so it costs you nothing to call and ask your questions.
And do not forget to scroll to the bottom as there may be related posts that answer other questions that you have or did not think of when you found this post. Thank you for reading this and I appreciate your time.
/s/ Brian
You can always call or text us at 757-454-2110
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