Questions to Ask a Car Accident Lawyer   

Questions for the Personal Injury Attorney After a Car Accident 

According to the Insurance Research Council's own research, claimants hurt in an accident who just talked to a lawyer to find out their rights, received an average of almost 40% more money? than claimants who did not talk to a lawyer! People who then hired a lawyer received an average of more than 3 1/2 times more money, before deduction of legal fees and expenses, than those who did not hire a lawyer. 

An automobile accident can really turn your life upside down. From the moment of impact, you are flooded with forms to fill out, and this can greatly add to the stress you already feel due to injuries and trauma resulting from the accident. It is a good idea to hire a lawyer to protect your rights. When trying to decide with which lawyer to go, ask the following questions: 

1. I cannot afford to pay any money up front for filing fees, court costs, and expert witness fees. Are you willing to forward the money to adequately pursue my personal injury case? Will you keep me up to date on all of your expenses and discuss with me the need for different expenses? 

2. What happens if I lose the case: Do I still have to pay you? 

3. What percentage of my settlement will go to you? Is it higher if we go to trial? Can I get this agreement in writing and have a signed copy? 

4. Do you charge a fee for recovering my past medical expenses? In other words, is your percentage taken from the total recovery (including medical expenses) or on what is recovered in addition to my medical expenses? 

5. Do you charge me fees for consultations, opening my file, copies, long distance, etc.? 

Once you get a lawyer, you may not know exactly what questions to ask your lawyer. Here are some questions to keep in mind so that you can be a well-informed client: 

1.     Can I recover compensation for medical expenses incurred in the treatment of my injuries? What about future medical costs? Actual loss of wages? Loss of future wages? Loss of enjoyment of life? Mental pain and anguish? 

2.     What do you need from me to prove that I have incurred loss of enjoyment of life and mental pain and anguish? 

3.     I cannot afford to pay anything out-of-pocket. Once my Personal Injury Protection (PIP) insurance runs out, what do I do with the medical/physical therapy bills that I am receiving in the mail? 

4.     After my disability income runs out, how am I going to pay my living expenses until my case settles? Can you investigate to see if I have more coverage so that I can get the maximum benefits available? 

5.     Should I make a claim with the other driver's insurance company? Can you take care of all of the paperwork, phone calls, and negotiations, so that I can focus on recovering? What would you recommend that I say if the other driver's insurance company contacts me? 

6.     What is my case worth? In other words, what would be a satisfactory amount of an offer to accept? 

7.     If the offer is below this amount, should I sue? And if so, what is the time limit for filing this type of claim? 

8.     If I am permanently disabled, will I qualify for social security disability benefits? Can you help me with this claim? Should I be keeping records, such as mileage?

Knowing the right questions to ask your lawyer will help you to be a better-informed consumer. Being in a car accident is traumatic enough. You don't need the additional stress of worrying about how to recover your losses. By asking the right questions, you will get the answers you need most efficiently.

About my rights after a car accident:

a) What rights do I have that need to be protected? 

b) Who will pay my medical bills; physical therapy bills; drug bills; transportation expenses; temporary or permanent household help; lost income; property damage; and pain and suffering? 

c) What do I have to do to protect my rights to these claims? What forms and papers do I need to get? What claim letters need to be sent; what forms need to be filled out; how many insurance companies must be notified? Can you do this for me? 

Some things that must be done with time sensitive deadlines (10 tips): 

1. Notify your insurance company: MUST BE DONE IMMEDIATELY
2. Begin investigation: MUST BE DONE AS SOON AS POSSIBLE
3. File Accident Report with the Department of Motor Vehicles (car accident. motorcycle accident & truck accident): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
4. File No-Fault Claim (car accident - if applicable): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
5. File claim for Lost Wages: USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
6. File claim for State Disability: USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
7. File Notice of Claim (if applicable): USUALLY 90 DAY DEADLINE
8. File claim with all defendant insurance companies (there may be several insurance companies providing coverage for just one car in a car accident or for a premises in a slip and fall accident): SHOULD BE DONE WITHIN DAYS OF ACCIDENT
9. File claim with State insurance fund for uninsured drivers (car accident, motorcycle accident & pedestrian accident): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS
10. File SUM/UM claim (car accident, motorcycle accident & pedestrian accident): USUALLY MUST BE FILED WITHIN A NUMBER OF DAYS 

About Hiring a Car Accident Personal Injury Lawyer:  

How can I determine whether I want to hire a specific lawyer? You may feel nervous when hiring a lawyer, but remember that you are the one doing the hiring. While lawyers who primarily represent people in accidents charge a contingency fee (a fee that is charged at the end of the case and only if you are successful), you will still want to know that you are satisfied with your choice. Even though you pay a fee after you win a money award, you are the one paying the bill. That makes you an important client! 

a) How long has the lawyer and the firm been practicing law? 

b) Does the lawyer practice primarily in the field of Personal Injury and accidents? If you found a lawyer through advertising, is the lawyer advertising for many areas of law or is the lawyer advertising only for personal injury or accidents? 

c) Does the lawyer belong to his or her state Trial Lawyers Association and/or the Association of Trial Lawyers of America? Membership in one of these organizations indicates a commitment to the representation of clients' rights and the practice of personal injury law. 

d) Does the lawyer have professional liability insurance? Professional liability insurance also protects you in case an error is made that damages your case. 

Car Accident Attorney Fees: 

1. Do you charge a contingency fee? A contingency fee is one that is charged at the end of the case and only if you are successful. This allows anyone who has been hurt in an accident to have easy access to a lawyer. 

2. What percentage will you charge me if my case is settled prior to a lawsuit? 

3. What percentage will you charge me if my case is settled after a lawsuit is started? 

4. Will I be required to pay for any case expenses prior to settlement or will you advance expenses for me? 

5. Will I be charged an additional fee for filling out medical insurance forms or processing my medical insurance claims? 

6. Will I be charged an additional fee for helping me to collect reimbursement for my property damage? 

7. Will I be charged an additional fee for helping me to collect my lost wages for lost income? 

Why you should speak with a lawyer immediately and not wait: 

There are many forms and claim notices which have time deadlines to file, some of which may be only a number of days. Only a lawyer experienced with accidents can determine what claims need to be filed, which forms need to be filled out, how to fill out the forms correctly and which insurance companies to file the claims with. 

If you are involved in a car accident, make sure your lawyer will complete your car accident report form for your insurance company and the accident report form for the Department of Motor Vehicles. 

The insurance company for the person(s) responsible for causing your accident should be immediately notified by your lawyer, since failure to do so may allow the insurance company to decline coverage for your accident. 

If the statute of limitations is near, a lawsuit will need to be started immediately. Since any lawyer will need sufficient time to investigate your case prior to starting a law suit and will want to be able to complete depositions prior to the expiration of the statute of limitations, you will want to retain a lawyer well before the expiration of the statute of limitations. 

Some of the many insurance companies which may be involved and must be immediately notified when someone has been hurt in an accident are: 1) All Primary and Secondary insurance companies for each owner, driver and company responsible for your injuries; 2) All Primary and Secondary insurance companies providing Uninsured coverage or Underinsured coverage; 3) All Primary and Secondary insurance companies providing medical and economic benefits such as disability and lost wages; 4) Workers Compensation insurance companies. 

Car Accident Interview Questions for a Personal Injury Attorney (specific to the attorney’s professional status):  

a) Do you have experience with car accident cases?
b) How long have you done these cases and how many have you handled?
c) Are you a specialist?
d) Are you certified as a specialist?
e) Have you published anything in this specialty or taught or lectured in it?
f) Have you ever worked for an insurance company as a defense lawyer?
g) What percentage of your practice involves representing people injured or damaged in car accidents?
h) What percentage of car accident cases do you settle and what percentage do you take to trial?
i) What percentage of trials in these cases have you won?
j) What was your highest verdict?
k) Do you have experience with cases similar to mine? How many? How many in the last two years?
l) Are there any issues in this case you haven’t dealt with before?
m) What will you do to gather evidence for this case?
n) Do you have experience obtaining temporary restraining orders and preliminary injunctions to preserve evidence?
o) Is there anything I can do to improve my situation in this case?