1. How Much Are Attorney Fees?
Most personal injury lawyers charge a contingency fee. That means they don’t get paid unless you do. They’ll take their attorney fee as a percentage of whatever settlement or verdict they’re able to obtain.
While it’s reassuring to hear that there’s no risk of paying out of pocket, the percentage that your attorney charges can make a huge difference in terms of how much you can actually take home. Sadly, it’s not unusual for certain Chicago attorneys to end up making more on personal injury cases than their clients do.
At our personal injury law firm, we’re committed to fairness and transparency in everything we do—including how we handle legal fees. In fact, we offer our clients a signed promise that we’ll never make more than they do on a personal injury case.
2. How Much Experience Do You Have With Cases Like Mine?
Here’s a simple analogy. Let’s say you need complex reconstructive surgery. Would you rather go to a surgeon who has only performed this procedure once or twice—if ever—or a surgeon who performs it routinely? Easy call, right?
The same logic applies to personal injury attorneys. For example, if you’re filing a personal injury claim after being harmed by a defective product, an attorney who only does car accident claims might not be the best choice. Another example: some personal injury firms won’t want to take especially complex truck accident cases, while others do.
Don’t be afraid to ask your potential personal injury lawyer if they’ve handled similar cases. And you don’t have to settle for a simple “yes.” You can even ask them to tell you a little bit about a recent or memorable case, including details such as the type of accident, type of injury, challenges faced in preparing the case, and the outcome.
3. How Much Do You Think My Case Is Worth?
This is probably the number one question we receive from new clients.
It’s important to understand that fully calculating damages in a personal injury lawsuit will take time. Most personal injury attorneys will not promise a specific outcome during the first meeting.
Your attorney will need to collect and review medical bills, medical records, and pay stubs. They’ll want to speak with you and your loved ones about how your injury has impacted your quality of life. They’ll need to figure out how much insurance coverage is available from all potentially liable parties.
However, an experienced attorney should at least be able to give you a good idea of the range of possible outcomes—worst case scenario, best case scenario, and what similar types of cases have settled for in the past. Be skeptical of any attorney that promises a specific dollar amount before they’ve even begun investigating the case.
4. Do You Take Cases to Trial?
Not all personal injury lawyers are trial lawyers. If your goal is to get the most money possible from your personal injury claim, you should only consider a personal injury attorney who is willing, able, and fully prepared to take your case all the way to trial.
That doesn’t necessarily mean your case will go to trial. At Paul and Steve, we’ve argued many, many cases in front of juries and are very comfortable doing it. But even we settle the majority of cases before they go to court.
There are a couple of reasons why you want an expert litigator representing you. First, sometimes a jury trial is the only way to get a truly fair outcome. We’ve dealt many times with stubborn insurance companies that flat out refuse to make any reasonable offer.
Second, trials are risky for insurance companies. There’s a chance they could lose big, especially when they know they’re up against an experienced lawyer with a great track record in court. Insurance companies keep tabs on attorneys. They’re well aware of which ones have the guts, determination, and skill to go to trial and win. This gives an experienced trial attorney more leverage to negotiate a pre-trial settlement that’s actually reasonable and fair.
5. What Do You See as the Strengths and Weaknesses of My Case?
Almost every case has strengths and weaknesses. Even if you did absolutely nothing wrong and another party deserves 100% of the blame, the insurance company is still going to look for any “inconvenient facts” they can dig up and use them in any way they can.
For example, if you have a pre-existing condition, the insurance company might question whether your symptoms are truly related to your accident. Or maybe you didn’t see the doctor for a couple of days after the crash, which could also be exploited to cast doubt on your story.
A reputable personal injury attorney should be straightforward and honest with you about any potential challenges and obstacles they see ahead.
As a side note: always be completely honest with your personal injury attorney about all the relevant facts, including ones that might be seen as “bad” for your case. The worst thing you can do in a case is lose your credibility. Again, there will almost always be inconvenient facts, and the insurance company is going to find out about them whether you want them to or not. A skilled attorney will understand how to put these inconvenient facts in context and explain why you still deserve substantial compensation.
6. How Long Will It Take to Resolve My Case?
This is another question that a reputable personal injury lawyer will likely answer by giving a range of potential outcomes instead of a precise response.
Really simple cases, where liability isn’t disputed and injuries are minor, can sometimes settle in as little as a few weeks. But personal injury cases that require a lawsuit and trial to resolve can take two years or more.
Tons of factors influence the expected length of time to resolve a case, such as the severity of your injuries, the amount of damages you’re claiming, whether liability is disputed, how many liable parties are involved, and how willing the parties are to go to trial. But an experienced attorney should be able to give a rough estimate based on current information. Beware of a personal injury attorney that promises you an outcome by a specific date.
Another side note here: we know that waiting one or two years to get justice, accountability, and compensation is unfair and agonizing for personal injury victims. But it’s far better in most cases to take the time to fight for a fair settlement than accept a quick, bad one. At Paul and Steve, we help clients through the difficult waiting period by working with medical providers and other creditors to stop collection activities and help you obtain the financial resources you need to meet your daily needs.
7. How Will You Keep Me Updated About My Case?
When we talk to clients who have had bad experiences with other attorneys in the past, the most common complaint is that they didn’t feel their lawyer did a good job communicating with them or keeping them informed about their case.
The best way to sidestep this is to set clear expectations up front. You should know when and how often you can expect to receive regular updates about your case. You’ll also want to know who you can call or email with any direct questions you have, and how long you can expect to receive a response.
8. What Do You Need from Me?
At Paul and Steve, our goal is to make the entire personal injury claim process as simple and straightforward as possible. We want you to be focused on getting healthy and being there for your family, not on thorny legal issues or negotiations. We don’t want you overwhelmed and stressed about what’s coming next for your case.
But that doesn’t mean we don’t need your participation! This is your life and your case. Some injury victims like to be actively informed and involved in every aspect while others prefer to remain on the sidelines as much as possible. But either way, you will need to have some role in the outcome.
Our job is to represent you in the best way possible. To do that, we need to know about you and your life! We will want to learn about your job, your hobbies, your values, and how all these things have been impacted by your injury. You can also help your case by updating us whenever you have a change in your symptoms, your treatment protocols, your medications, and other important information.
During your initial consultation with a potential lawyer, it’s a great idea to ask them what level of involvement they expect from their clients and the best ways you can help them help you.
9. Can I Speak to a Past Client?
When considering a potential personal injury attorney, don’t hesitate to ask for contact information for a couple of previous clients.
Do understand, of course, that a personal injury lawyer might not be able to honor this request due to ethical considerations. Not all past clients are comfortable talking about their experiences, and a lawyer can’t reveal confidential information without permission.
However, it’s certainly possible that an attorney might already have a short list of previous clients who have agreed to speak with potential new clients. It doesn’t hurt to ask. At the very least, your attorney should be able to point you to client testimonials or online reviews from real clients.
10. What Happens if I Lose My Case?
As a general rule, personal injury attorneys only take cases if they believe the client has a strong claim and there is a very good chance of a successful recovery. However, no attorney can guarantee success 100% of the time.
Depending on the circumstances of your case, your attorney may have the opportunity to appeal the decision or file a motion for a new trial.
As noted above, if you lose your case, you shouldn’t owe any attorney fees and your lawyer won’t make any money on your case. However, different personal injury lawyers have different policies about whether they fully cover certain out-of-pocket case expenses (such as filing fees and medical records retrieval fees) or if their clients are responsible to reimburse them for certain expenses, win or lose. It’s definitely worth asking about this up front.
An experienced personal injury attorney should have a good understanding of the potential benefits and risks of any potential legal action, such as accepting a settlement offer or taking a case to trial, and can help you make an informed decision.
Note also that, even if you lose your personal injury case, you may still have other ways to get help to pay for personal and medical expenses, such as your health insurance, Medicare or Medicaid, long-term disability insurance, or Social Security benefits. A good attorney can give you the guidance and referrals you need to access these crucial resources, regardless of the outcome of your personal injury claim.
Seeking Legal Counsel? Contact Paul and Steve Today
Hiring a personal injury lawyer is a big step, and it’s an important one. You deserve legal representation from someone you trust to do honest, excellent work.
At Paul and Steve, we welcome the hard questions from our prospective clients. If you think our Chicago personal injury law firm might be the right choice for you, reach out to our office today for a free consultation. Just dial (312) 477-2008 or fill out our convenient contact form to get started.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
