Choosing an Auto Accident Attorney: Questions to Ask
Hiring an auto accident lawyer is easier with a short list of questions. Some crashes involve a single insurer and a modest property claim, while others involve serious injuries, several policies and disputed fault. The questions below can make a first consultation more useful, whatever the size of the claim.
Confirm the license and record
Before the first meeting, check the basics. Each state bar or licensing agency provides a way to confirm https://devinqfnh802.wpsuo.com/nhtsa-car-crash-statistics-on-speeding-and-drunk-driving that a lawyer is licensed and in good standing, and many publish public discipline records. A listing in a directory or a badge from a rating publisher reflects that publisher's selection, rather than a license check or a prediction of results. If the crash occurred out of state, ask whether the lawyer is licensed there or plans to work with local counsel.
Questions about experience
Ask how many car crash claims the lawyer handles and what kinds. An auto accident attorney should be comfortable with insurance coverage questions, including uninsured motorist (UM) claims, PIP, MedPay and Medicare or health plan liens. Ask how the firm collects evidence like crash reports, dashcam video and event data recorder (EDR) downloads. Ask whether the lawyer has taken car crash cases to trial, since trial experience can affect how a case is prepared, even though most claims resolve without a trial.
Understand the fee agreement
Injury lawyers often handle these claims on a contingency fee, meaning a percentage of any recovery. ABA Model Rule 1.5(c), which many states follow in some form, requires a contingent fee agreement to be in writing and signed by the client, and to explain how the fee is calculated and whether expenses come out before or after it. Ask who pays case costs if there is no recovery, including filing fees, record charges and deposition costs. Ask whether the percentage changes if a lawsuit is filed, and ask for a written closing statement at the end.
Communication and staffing
Ask whether the car accident lawyer you meet will be the one handling the case, and how often updates will come. Ask who will answer questions when the lawyer is unavailable, and whether updates come by phone, email or a client portal. If the firm plans to refer the case or bring in co-counsel, ABA Model Rule 1.5(e) generally requires the client's agreement, confirmed in writing, before lawyers in different firms divide a fee.
Documents worth bringing
A first meeting goes further when the paperwork is on the table. Bring the crash report, or the report number if the report is not ready yet, along with photos of the scene and the vehicles. Insurance letters, claim numbers and any forms already signed matter as well, since they show who has made contact and what has been agreed. Medical bills and proof of missed work help document the losses so far.
Warning signs
Be cautious of anyone who promises a dollar figure at the first meeting. No lawyer can predict the outcome of a claim with certainty. Unsolicited calls or visits after a crash are another warning sign, since ABA Model Rule 7.3 generally restricts live person-to-person solicitation by lawyers. A car accident lawyer should be able to explain the statute of limitations that applies. This is general information, not legal advice.