10 Questions to Ask a Personal Injury Lawyer After a Car Accident

If you or a loved one have recently been involved in a car accident and suffered serious injuries, choosing the right lawyer is one of the most critical decisions you will make. To help you determine whether a personal injury lawyer is the right fit, you should ask thoughtful and informed questions during your initial consultation. Here is a guide to the key questions you should ask a potential personal injury lawyer before moving forward with your personal injury claim.

1. How is Liability Determined in a Car Accident?

In Ontario, liability in motor vehicle accidents is determined under the Fault Determination Rules set out in the Insurance Act. Even under no-fault insurance system, determining which party is at fault is still essential for certain claims.

Why This is Important:

Understanding how liability is assigned can help you manage expectations and prepare for your case. Ask your lawyer how they will do thorough investigation and gather evidence, such as police reports, witness statements, and dash cam footage, to prove the other party’s negligence. This question also reveals how thorough their investigative process will be.

2. Have You Handled Similar Personal Injury Cases Before?

Having a lawyer that has handled similar cases equips them with the necessary insights to navigate the complexities of your claim effectively. They’ll be familiar with common challenges and know how to address them.

Why This is Important:

A lawyer with a proven track record in similar cases is more likely to understand how to build a strong claim, manage expectations, and guide you toward a successful outcome. Their knowledge of the typical tactics used by insurance companies and the local court system can be invaluable.

3. What Are the Weaknesses of My Case?

Every legal case has potential weakness. Identifying these early allows your lawyer to address them proactively.

Why This is Important:

Understanding the possible challenges in your case helps set realistic expectations and enables you to work collaboratively with your lawyer to strengthen your claim.

4. What Losses Can I Be Compensated For?

Understanding the scope of compensation is vital. You may be eligible for reimbursement for:

• Medical bills (hospital expenses, rehab, prescriptions)
• Lost wages and reduced earning capacity
• Non-pecuniary damages such as pain and suffering
• Out-of-pocket case related costs

Why This is Important:

Knowing what you’re entitled to ensure you do not accept a low settlement negotiation. A good personal injury lawyer will do their best to fight for fair compensation, especially if the insurance company refuses to offer a fair deal.

5. How Long Will Take to Resolve My Claim?

Ask for a rough idea of how long your case might take to resolve based on current court calendars, the complexity of particular case, your injuries, and whether the case might settle or proceed to trial.

Why This is Important:

Understanding the timeline can help you manage financial stress and plan ahead. Personal injury lawsuits can range from a few months to several years, depending on several factors, such as availability of medical evidence, cooperation from insurance companies, and court availability.

6. Will My Case Go to Trial?

While many personal injury cases settle out of court, some do go to trial, especially if there is a disagreement over liability of damages.

Why This is Important:

Knowing whether your lawyer is prepared and experienced in litigation is key. You want a legal representative who is ready to take your case to trail if needed and won’t push you to settle for less just to avoid the courtroom.

7. Will You Talk to the Insurance Company on My Behalf?

Insurance adjusters may seem friendly, but their job is to minimize the payout. Letting your lawyer handle communications can protect your rights.

Why This is Important:

It reduces your risk of saying something that could be used against you. Letting an experienced lawyer deal with the settlement offer from the insurance company ensures your best interests are represented during settlement negotiations.

8. What Do You Charge for Your Services as a Personal Injury Lawyer?

Most lawyers in the area work on a contingency fee basis, meaning they only get paid if you win. Ask about their contingency fee and structure, including:

• What percentage they charge (commonly 20-33%)
• Whether that includes filing fees and other case related costs
• If the percentage increases if the cases goes to trail

Why This is Important:

Transparency around legal fees helps you avoid surprises and understand the financial implications of hiring a lawyer. A fixed percentage agreement allows you to focus on recovery, knowing your lawyer is motivated to win.

9. How Will You Keep Me Updated on the Progress of My Case?

Ask how the law firm plans to keep you informed on all legal matters. Making sure that they update you via phone calls, emails, or in-person meetings; and how often.

Why This is Important:

Regular communication allows you to play an active role in your case. It allows you to build trust and ensures you’re never left in the dark when it comes to the most important questions, decisions or updates.

10. Can You Provide Past References or Testimonials from Previous Clients?

Hearing from past clients can give you an idea of the lawyer’s success rate, client satisfaction, and approach to legal representation.

Why This is Important:

Testimonials offer third party insights into how a potential lawyer handle cases, communicates with clients, and follow through on their commitments.

Final Thoughts: Making an Informed Decision

Selecting the right personal injury lawyer isn’t just about credentials or advertisements. It’s about finding someone who is experienced in practicing personal injury law, understands the unique aspects of your own personal injury claim and lawsuit, and is committed to pursuing justice on your behalf.

By asking these key questions, you’ll gain insight into how the lawyer approaches personal injury law, whether they’re a good fit for your needs, and what your next steps should be. You’ll also understand their experience with similar cases, how they handle interactions with insurance companies, and how they manage legal fees.

Remember, many law firms offer a free consultation, like Grillo Law, so don’t hesitate to ask your lawyer these questions up front. Your health, financial stability, and peace of mind may depend on it.