Before You Sign Anything: The Right Questions to Ask a Personal Injury Lawyer
Getting hurt because of someone else’s carelessness is stressful enough without the added pressure of figuring out who should be handling your case.
The legal market is crowded, and not every attorney who handles personal injury claims has the experience, focus, or communication style that your situation deserves. So how do you tell the difference? It starts with asking the right questions before you ever commit.
What Should You Find Out in That First Meeting?
Most personal injury attorneys offer a free initial consultation, and that meeting is not just for the lawyer to evaluate your case; it is your chance to evaluate them. Come prepared. Here are the questions worth asking:
Quick Take
Your first meeting with a personal injury attorney is an opportunity to ask questions about their experience, involvement in your case, communication style, fees, and courtroom experience before you decide whether to sign a representation agreement.
Experience
How long have you been handling personal injury cases in Illinois?
Practice Focus
What percentage of your practice is dedicated to personal injury?
Similar Cases
Have you handled cases similar to mine, and what were the outcomes?
Who Will Handle My Case?
Will you personally be working on my case, or will it be handed off to a junior attorney or paralegal?
Communication
How do you communicate with clients, and how often can I expect updates?
Fees and Costs
What is your fee structure, and are there any costs I might owe if we lose?
Trial Experience
Have you taken personal injury cases to trial, or do you primarily settle?
That last question matters more than people realize. Insurance companies know which attorneys are willing to go to trial and which ones will fold under pressure. An attorney with real courtroom experience often gets better settlement offers precisely because the other side knows they are prepared to fight.
Why Trial Experience Matters
An attorney who is prepared to take a personal injury case to trial may approach case preparation and negotiations differently than an attorney whose practice is focused entirely on settlement.
Why This Can Affect Negotiations
The opposing side evaluates many factors when responding to a claim, including the evidence, damages, and the attorney’s approach to litigation and trial preparation.
What Does Experience Actually Look Like?
There is a difference between an attorney who has “handled” personal injury cases and one who has aggressively litigated them. Ask about specific case types. If you were injured in a truck accident, it is worth knowing whether the attorney has dealt with the commercial trucking regulations that often come into play. If you suffered a dog bite, you want someone familiar with Illinois’ strict liability statutes for animal attacks.
Why This Matters
Personal injury cases can involve very different types of evidence, laws, insurance issues, and technical questions depending on how the injury occurred.
Truck Accident
Ask whether the attorney has experience with commercial trucking regulations and the additional issues that may arise in a truck accident case.
Dog Bite
Ask whether the attorney is familiar with Illinois laws that may apply to liability for injuries caused by animal attacks.
Other Injury Cases
Ask about the attorney’s experience with cases involving circumstances similar to your own accident and injuries.
You should also ask about the firm’s resources. Thorough personal injury cases often require expert witnesses, accident reconstruction specialists, and medical professionals. A firm that routinely works with these resources is better positioned to build the strongest possible case on your behalf.
Expert Witnesses
Experts may help explain technical, medical, or financial issues involved in a personal injury case.
Accident Reconstruction
Specialists may analyze evidence to help explain how certain accidents occurred.
Medical Professionals
Medical evidence can be important in documenting injuries, treatment, and the effects of an accident.
How Are Fees Structured?
The overwhelming majority of personal injury attorneys in Illinois work on a contingency fee basis, meaning they only get paid if you recover compensation. That said, the percentage they take can vary, and you should understand upfront what happens to case costs (things like court filing fees, expert witness fees, and deposition costs) if the case does not result in a recovery. Get this in writing before you agree to anything.
Attorney Fees
Ask what percentage of a recovery will be paid as attorney fees and how the fee is calculated under the representation agreement.
Case Costs
Ask how expenses such as filing fees, expert witness fees, and deposition costs are handled.
Common Misconception
A contingency fee arrangement does not necessarily mean there are no case-related costs. The representation agreement should explain how fees and expenses are handled.
The Questions to Ask Before Signing: A Simple Checklist
Before signing an agreement with a personal injury attorney, you can use the following progression to make sure you have asked the questions that matter to you.
Ask About Experience
Find out how long the attorney has handled personal injury cases and whether they have experience with cases similar to yours.
Ask Who Will Handle Your Case
Understand who will be responsible for working on your case and communicating with you throughout the process.
Ask About Communication
Find out how often you can expect updates and how you can contact the firm when you have questions.
Understand the Fees
Review the attorney fee percentage and ask how case costs will be handled before agreeing to representation.
Review Before Signing
Make sure you understand the representation agreement and ask questions about anything that is unclear before signing.
Reach Out to Us Today for Help
Timing matters in these cases. Under 735 ILCS 5/13-202, Illinois law gives most personal injury victims just two years from the date of injury to file a lawsuit. Waiting too long can cost you the right to recover anything at all.
At Patel Law, PC, we offer free case evaluations and are ready to answer every question on this list, and then some. If you or someone you love has been hurt by another’s negligence, contact our Champaign personal injury attorneys today to discuss your options.
Speak With Patel Law, PC
If you have questions about your personal injury case or are considering hiring an attorney, contact our team for a free case evaluation.
Call us: 217-384-1111
Frequently Asked Questions
What questions should I ask a personal injury lawyer before hiring them?
Important questions may include how long the attorney has handled personal injury cases, whether they have handled cases similar to yours, who will work on your case, how the firm communicates with clients, how fees and costs are handled, and whether the attorney has trial experience.
Do most personal injury lawyers offer a free consultation?
Many personal injury attorneys offer an initial consultation at no charge. The consultation can give both the attorney and potential client an opportunity to discuss the circumstances of the case.
What is a contingency fee?
A contingency fee arrangement generally means that the attorney’s fee is connected to the client’s recovery. The specific terms of the arrangement should be explained in the representation agreement.
Why should I ask about trial experience?
Although many personal injury claims are resolved through settlement, asking about trial experience can help you understand the attorney’s litigation background and approach if a case cannot be resolved through negotiations.
How long do I have to file a personal injury lawsuit in Illinois?
The applicable deadline depends on the type of claim and circumstances involved. Under 735 ILCS 5/13-202, many Illinois personal injury claims are subject to a two-year limitations period, but exceptions may apply.
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