Top 10 Questions to Ask a Personal Injury Attorney

Key Takeaways:

Do Research and Compare Representation Before Hiring a Lawyer

• Check an attorney’s California State Bar license, experience, reviews, and caseload before hiring to ensure you choose a qualified personal injury lawyer.

Ask the Right Questions to Protect Your Personal Injury Claim

• Knowing what to ask a personal injury lawyer (fees, experience, communication, and trial readiness) directly impacts your settlement value and overall client experience.

Experience and Track Record Increase Your Chances of a Successful Outcome

• Attorneys with a proven history in personal injury cases like yours are more likely to secure higher compensation and handle complex claims effectively.

Communication and Transparency Are Essential When Hiring a Lawyer

• Clear updates, honest evaluations, and no hidden fees create a smoother client experience and help you make informed decisions about your case.

How to Make Sure You Hire the Right Lawyer for Your Case

When you’ve been injured in an accident, finding the right personal injury attorney can feel overwhelming. After all, there are countless lawyers in California, and every website claims they’re the best. The truth is, the attorney you choose can make a huge difference in the outcome of your case and in how stressful (or smooth) the process feels. In fact, the California State Bar suggests “comparison shopping” by interviewing multiple lawyers before deciding.

That’s why it helps to come prepared with the right questions. Think of it like interviewing someone for a very important job – because that’s exactly what it is. The lawyer you hire will be your advocate and guide. You’re hiring someone to protect your rights, fight for your compensation, and help you through a complex legal process.

Below, we’ve outlined the top 10 questions to ask a personal injury attorney before making your decision. By asking the right questions, you can evaluate an attorney’s experience, fee structure, communication style, and track record. These aren’t just conversation starters; the answers will give you real insight into the personal injury lawyer’s experience, approach, and whether they’re the right fit for you.

Do Your Homework: Don’t Hire a Lawyer Without Asking These Questions First

Before your initial consultations, spend time researching potential lawyers. Check credentials and reputation: Verify each attorney’s California license and standing via the State Bar website. Look at their experience in personal injury law – ideally, they should focus on cases like yours (e.g. auto accidents, slip and falls). Seek referrals from trusted friends or family who had positive experiences, and read client testimonials or reviews. Speaking directly with a past client can also provide valuable insight into the attorney’s credibility and client satisfaction.

It’s also wise to note the firm’s resources and caseload. For example, larger firms might have extensive resources but could be juggling many cases, which might mean less personal attention on each. On the other hand, a smaller firm might give more individualized focus. In any case, plan to speak with at least two attorneys before making a choice.

An initial consultation is usually free, so use that meeting to ask questions and gauge your comfort level with the lawyer. Remember, the right attorney should not only have the qualifications but also make you feel heard and informed.

With that groundwork done, here are the top ten questions to ask a personal injury lawyer and what to listen for in their answers:

1. What is your experience with personal injury cases like mine?

Why Ask This Question:

You want to know if the attorney is familiar with the specific type of accident or injury you suffered. Personal injury law is broad – your case could involve a car crash, a dog bite, a slip-and-fall, medical malpractice, etc. An attorney who has handled similar cases will understand the relevant laws and how to build a strong claim. In California, experience with local courts and insurance companies is also a plus.

Green Flags:

The lawyer can describe having worked on cases similar to yours (for example, past car accident cases if you were in a car crash) and explain the outcomes or settlements achieved. They might mention being a specialist in personal injury or a member of relevant professional organizations. This shows they have focused expertise in the field of your case.

Red Flags:

The attorney hesitates or gives vague answers about their experience. For instance, if they are a general practitioner who only occasionally takes personal injury cases, or have never handled a case like yours, that’s cause for concern. Also be wary if the lawyer is newly licensed with very little case history, or cannot provide any examples of past successes. Lack of experience could mean a learning curve at your expense.

RMD Law’s Response:

RMD Law understands that no two personal injury cases are alike, and we take a highly personal approach to every client we represent. We have successfully represented cases ranging from auto and motorcycle accidents to dog bites, premises liability, sexual abuse, slip-and-falls, and wrongful death. We would gladly share examples of cases similar to yours and the results achieved.

Our team of experienced attorneys works collaboratively to evaluate each case from every angle, ensuring that you receive the strongest possible representation. By combining our collective knowledge, years of experience, and resources, we are able to maximize outcomes and provide professional, attentive service tailored to your unique circumstances.

2. Who, specifically, will be handling my case?

Why Ask This Question:

In some law firms, the attorney you initially meet may not be the one doing most of the work on your case. It’s important to know who will actually handle day-to-day tasks, negotiate with insurers, or go to court. You deserve to meet and feel comfortable with the individual attorney or team responsible for your case outcome. Additionally, if non-lawyer staff (like paralegals or investigators) will be involved, you should know that upfront.

Green Flags:

The lawyer is upfront that they personally (or a specific attorney in their firm) will handle your case and be your main point of contact. If some tasks will be delegated (e.g. a junior attorney or paralegal will assist), they explain that and introduce those team members as needed. Transparency about the team shows professionalism. It’s also a good sign if the firm encourages you to meet any attorney who might appear in court on your behalf. This means they value your comfort and continuity in representation.

Red Flags:

The attorney gives an unclear answer, such as “our firm works as a team on everything” without naming who’s lead on your case. Or you get the sense you’re being “pawned off” to an assistant after the initial meeting. Be cautious if you primarily interact with support staff and rarely the actual lawyer. Another red flag is if a lawyer says they will handle your case but you later find out many critical tasks are done by someone you’ve never met. You have the right to know – and approve of – who is representing you.

RMD Law’s Response:

When you hire our firm, you don’t just get one attorney – you get an entire team dedicated to your case. During the pre-litigation stage, your case will be supported by one of our skilled attorneys, a case manager, and a case manager assistant, all working together to make sure every detail is handled promptly and carefully. You’ll also receive their direct contact information for whenever you have a question or concern about your case.

Your lead attorney will oversee every aspect and will personally negotiate with the insurance companies and, if necessary, appear in court. If your case needs to be filed in court, we have our own in-house litigation team ready to take over seamlessly. We make sure our clients know their legal team and can reach out anytime with questions – no runaround and no surprises about who is handling your case. This structure ensures that your case is managed with the highest level of attention and professionalism from start to finish.

3. What are your fees, and will I have to pay anything if my case is not successful?

Why Ask This Question:

Understanding the attorney’s fee structure upfront is essential so you’re not hit with unexpected costs. Most personal injury lawyers in California work on a contingency fee basis, meaning they only get paid if they recover money for you. However, the percentage they take and how expenses are handled can vary. You also want to confirm whether you’d owe any costs if the case doesn’t succeed – for instance, court filing fees or expert witness fees.

Green Flags:

The lawyer clearly explains their fee arrangement. Typically, a contingency fee in California means the attorney takes a percentage (usually 33% to 40%) of the settlement or judgment. A good sign is when the attorney says, “If we don’t win, you don’t pay any attorney’s fee.” They should also be clear about how case expenses (court costs, medical record fees, etc.) are handled—whether deducted from a settlement or if you might owe them if no recovery is obtained. Look for a written fee agreement and clear answers about costs.

Red Flags:

The attorney is evasive or complicated about fees. Asking for money upfront (a retainer) on a routine injury case is unusual: most reputable California injury lawyers charge nothing upfront. Be cautious if they say you won’t owe a fee but don’t explain who pays expenses if the case loses. Promising “you pay nothing ever” without explanation may be oversimplifying. Also, beware of very high fees without justification or no written agreement. Transparency is essential – you should fully understand the financial terms before signing.

RMD Law’s Response:

RMD Law operates on a pure contingency fee – there are no upfront fees, and you owe us nothing unless we win compensation for you. During your free consultation, we would explain our contingency percentage (which is competitive and standard for California personal injury cases) and how it can be adjusted depending on the scope and course of the work required. We also advance all typical case costs (investigation, filing fees, etc.), so you pay no out-of-pocket costs while your case is ongoing.

We believe finances should never be a barrier for injury victims seeking justice, which is why our motto is essentially: No recovery, no fee. All of these terms will be detailed clearly in a written agreement for your peace of mind. Above all, our priority is to ensure that you receive the maximum recovery possible and that you walk away satisfied and confident in the outcome.

4. How many cases does each attorney handle at one time?

Why Ask This Question:

This question helps you understand the attorney’s workload and ability to give your case proper attention. Personal injury cases require time and care: gathering evidence, communicating with doctors and insurers, filing paperwork, etc. If an attorney handles too many cases, yours might not get the focus it needs. In California’s busy market, some firms juggle many cases, making clients feel like just a number. You want a lawyer with a manageable caseload and commitment to personal service.

Green Flags:

The attorney assures they limit their caseload to maintain quality work. They may mention prioritizing client communication and case progress. If it’s a firm, they might describe a support system (associates or paralegals) to keep cases moving efficiently. A good sign is if they can estimate how long cases take and how often they settle vs. go to trial, showing active docket management. Essentially, you want one-on-one attention so your case isn’t lost in the shuffle.

Red Flags:

The attorney hesitates or can’t clearly answer about their caseload. Beware of “settlement mills” that sign many clients but settle quickly for low amounts. If the lawyer rushes your consult or seems distracted, they may be overloaded. Also, if they can’t recall details in follow-ups, it’s a warning. In short, if you won’t get much lawyer time, that’s a red flag.

RMD Law’s Response:

The number of cases we handle depends on whether a matter is in pre-litigation or litigation, but one thing remains constant: at RMD Law, we are not a “mill” firm, and we don’t play a volume game. We offer a boutique, personalized firm experience with outstanding results. Each case is important to us, and we give it the necessary time and resources.

Our team carefully selects the cases we take on to ensure that each one receives the personal attention it deserves. Our attorneys collaborate with a support team to keep cases moving efficiently, but we never spread ourselves too thin. We limit our caseload to avoid overloading our attorneys and staff, allowing us to remain accessible to you at all times and focused on securing the maximum settlement for your case.

What this means for you: we will regularly update you, promptly return your calls or emails, and proactively push your case forward. We treat clients like family, not files. By maintaining a balanced caseload, we’ve found this approach leads to better results and higher client satisfaction (as reflected in our 700+ 5-star reviews).

5. What is the estimated value of my case?

Why Ask This Question:

One of the most common questions for accident victims is, “How much money can I expect to recover?” While no attorney has a crystal ball, an experienced lawyer should be able to give you an idea of your case’s potential value range. They will consider factors like the extent of your injuries, medical bills, lost income, pain and suffering, and the insurance policy limits involved. Asking this question is important to set realistic expectations and to see if the lawyer understands the nuances of your claim.

Green Flags:

The attorney explains the factors influencing your case value, such as medical costs, injury severity, disability, lost wages, and liability clarity. They may reference similar cases to provide a rough range but emphasize each case is unique. A good lawyer offers an honest, fact-based evaluation, mentioning California law allows recovery for economic and non-economic damages like pain and suffering.

Red Flags:

Avoid lawyers who guarantee specific amounts or inflate values to sign you up. Unrealistic promises or inability to explain case valuation indicate inexperience. Estimates ignoring key details, like prognosis or future surgery, are warning signs. Look for honesty and knowledge in assessing your claim.

RMD Law’s Response:

It’s difficult – and often impossible – to estimate the value of a case without knowing the specific details. When evaluating the value of your case, RMD Law will carefully review all the details. Factors such as the amount of insurance coverage available, the severity of the accident, the extent of your injuries, the impact on your daily life, and the type of treatment required all play a major role in determining value.

We will give you a frank assessment of a reasonable range you might expect. Our attorneys are skilled at calculating both economic and non-economic damages, so you can trust that no aspect of your loss will be overlooked. Ultimately, we fight to get you the best possible outcome given the facts of your case. The best step is to contact us right away so we can carefully evaluate your case and provide you with a clearer picture of what to expect.

6. What are the potential strengths and weaknesses of my case?

Why Ask This Question:

You want a lawyer who has critically considered your case from the start. Asking about strengths and weaknesses invites an honest discussion of what favors your claim and what challenges exist. This shows the attorney’s transparency and strategic thinking: identifying legal issues, evidentiary hurdles, or defense arguments. For example, in California, if you were partly at fault, that’s important to discuss early due to comparative negligence laws. A thorough answer reflects expertise and honesty.

Green Flags:

The lawyer provides a balanced view, noting strong points like clear liability or prompt medical treatment, as well as weaknesses such as no witnesses or pre-existing injuries. They explain how they plan to address challenges, like gathering more evidence or expert testimony. Beware of lawyers claiming no weaknesses—every case has uncertainties. A good response might be, “Clear fault is a strength, but a treatment gap is a challenge we’ll counter with expert opinions.”

Red Flags:

A red flag is a lawyer who insists “Your case is perfect, we can’t lose,” which is unrealistic. Also avoid those unwilling to discuss weaknesses or who react defensively. You want realism, not blind optimism or undue pessimism. A good lawyer welcomes these questions and answers calmly.

RMD Law’s Response:

RMD Law believes in full transparency with our clients. Every personal injury case has unique factors that can strengthen or challenge the outcome. Strengths might include clear liability, strong, comprehensive medical documentation, and credible, supportive witness testimony. On the other hand, weaknesses can arise if there are disputes about fault, gaps in treatment, or limited insurance coverage.

But we will also tell you our plan to overcome those weaknesses – maybe by gathering additional documentation, leveraging expert testimonies, or pointing to California case law that supports your claim. We prepare every case thoroughly, recognizing both the pros and cons, so there are no surprises.

At RMD Law, we believe in being upfront with our clients – we will carefully review every aspect of your case, explain both the advantages and challenges, and build the strongest possible strategy to maximize your recovery.

7. How long do you expect my case to take?

Why Ask This Question:

Recovering compensation can take time, so it’s important to understand the timeline. This question helps set your expectations and shows the attorney’s experience with case progress. The lawyer should outline typical stages (investigation, negotiations, lawsuit filing, discovery, trial) and estimate durations. In California, simple car accident claims might settle in a few months, while complex injury lawsuits could take a year or more. It also reveals if the attorney is willing to pursue a full process or prefers quick settlements.

Green Flags:

The attorney provides a realistic timeline, noting that simpler cases may settle within 4 to 9 months, while more complex litigation can take a year or longer. They clearly explain the various factors that can affect the timing of your case, such as the pace of medical recovery, availability of evidence, court schedules, and potential delays from opposing parties. A good lawyer balances efficiency with a commitment to maximizing your case value and ensures you are kept informed throughout every stage of the process.

Red Flags:

The attorney promises a quick settlement without providing necessary disclaimers or gives vague, non-committal answers like “It takes as long as it takes.” Avoid lawyers who fail to mention the possibility of lawsuits or trial proceedings, or who prioritize speed over securing fair and full compensation for your injuries.

RMD Law’s Response:

At RMD Law, we set clear expectations about the timeline. The length of a personal injury case can vary greatly depending on several factors: including the insurance company involved, the policy limits, the extent of your injuries, and how aggressively the defense pushes back. Some cases can be resolved in just a few months, while others may take several years.

The key is, we won’t rush you into a cheap settlement. Our goal is to resolve your case as efficiently as possible, but we are also prepared to be patient and persistent to maximize your recovery. Rest assured, we will provide updates and check in with you regularly so you’re never left in the dark about where things stand timewise. The best way to get a clearer idea of the timeline is to reach out to us directly so we can review the details of your case and give you more specific guidance.

8. Are you willing and able to take my case to trial if needed?

Why Ask This Question:

While most personal injury claims settle, some require going to trial to get a fair result, especially if the insurance company denies liability or offers less than the claim’s worth. You need to know if your attorney is prepared to file a lawsuit and litigate your case in court if necessary. Some lawyers rarely go to trial, referring cases out or pressuring clients to accept low settlements. Asking this ensures your lawyer won’t abandon you if things get tough. Trial experience also strengthens settlement negotiations, as insurers respect lawyers willing to go to court.

Green Flags:

The attorney confidently states they are willing and able to go to trial, sharing examples of past trials and verdicts. They prepare every case as if it might go to trial, signaling seriousness to insurers. A good sign is a track record of jury verdicts and knowledge of the trial process. They should also have the resources to fund litigation and be ready to recommend trial when needed. Overall, the answer should show confidence and readiness to fight for you in court.

Red Flags:

Hesitation or statements like “We almost never go to trial” without acknowledging trial necessity can be warning signs. Lawyers with no trial experience or who avoid court may not serve your best interests. Referring you to another firm for trial can be inconvenient or costly. Avoid attorneys who downplay your right to trial or pressure quick settlements. Excessive fee increases for trial work without clear explanation are also red flags. You want a lawyer who embraces trial advocacy, not one who avoids it.

RMD Law’s Response:

RMD Law is fully prepared to take your case to trial if that’s what justice requires. We have a full in-house litigation department that is ready and fully prepared to take your case to trial if necessary. From day one, we strategize with the possibility of a trial in mind. While many cases settle before reaching the courtroom, we never shy away from trial when it’s in our clients’ best interests.

We will try to negotiate a fair settlement first (saving you time and stress), but if the insurance company refuses to compensate you adequately, we will not hesitate to file a lawsuit. When an insurer knows your lawyer will go to court, they are far more likely to put a fair offer on the table.

Our litigation team has the experience and resources to stand up to insurance companies and defense attorneys, ensuring your rights are protected every step of the way. We have successfully taken cases through trial and even secured multi-million-dollar verdicts for clients.

9. How will you keep me updated on the progress of my case?

Why Ask This Question:

Good communication is essential in an attorney-client relationship. This question ensures the lawyer has a system for regular updates and keeps you informed about key developments. You shouldn’t be left wondering about your case. Many clients complain about unreturned calls or lack of updates. Asking upfront sets the expectation that you want to stay informed. It also shows how the attorney communicates: are they accessible and responsive? Do they prefer phone, email, or meetings? You need someone whose style fits your needs.

Green Flags:

The attorney outlines a clear update plan. For example, “We update you monthly and whenever there’s a major development. We usually communicate via email but can call or meet if you prefer.” It’s a good sign if they ask your preference. The FTC suggests asking, “How often will you update me, and how?” Listen for a clear answer. The lawyer should welcome your questions anytime and indicate typical response times, like “I usually reply within 24 hours.” Proactive communication and timely responses are major green flags.

Red Flags:

The attorney gives vague answers like “Don’t worry, we’ll handle everything – just trust us.” While reassuring, you still deserve updates. Lack of specifics means you may have to chase them for info. If they say, “I’m very busy, so you might not hear from me often,” that’s a red flag. Also, avoid lawyers who won’t share direct contact info or only let you talk to a secretary. If early interactions show slow responses or difficulty reaching them, expect the same as a client. Any sign you might be left in the dark or treated as low priority is a warning. You want to feel valued and informed.

RMD Law’s Response:

Communication is a cornerstone of RMD Law’s service. We make it a point to keep our clients updated at every stage. When you hire us, you’ll have an entire team dedicated to keeping you informed and receive an overview of what to expect. As your case progresses, we’ll call or email you with updates regularly – typically whenever there’s forward movement (for example, when medical records are obtained, when we send a demand to the insurer, when a response comes in, etc.).

Most of our clients have direct access to one of the partners’ personal cell phones, and you can always call your case manager or assistant case manager with questions or updates. In addition, our Director of Operations is always available to step in if needed. We pride ourselves on being accessible and responsive, so you’ll never feel left in the dark about the progress of your case or like you have to chase us for information.

Many of our clients mention in reviews how much they appreciated the frequent and transparent communication from our team. At RMD Law, you will always be treated with respect and kept in the loop – as partners in the effort to win your case.

10. What is your success rate or track record in personal injury cases?

Why Ask This Question:

This question gauges the attorney’s past performance and credibility. While no ethical lawyer claims a 100% success rate, you have the right to know if the attorney has a strong history of obtaining favorable results. A solid track record (such as significant settlements or verdicts in personal injury claims, or a high percentage of successful outcomes) indicates effectiveness and respect in their field. It can also boost your confidence that they know how to handle cases like yours. In California, attorneys with proven results often highlight these achievements. Asking also invites the lawyer to share testimonials or awards that support their claims.

Green Flags:

The attorney confidently discusses their results, citing general success in resolving personal injury claims and recovering millions for clients. They may mention notable outcomes (without breaching confidentiality), such as winning large verdicts or securing seven-figure settlements. Concrete figures, client satisfaction metrics, and awards (e.g., “Super Lawyers” designation) are strong indicators. A thoughtful lawyer will clarify that outcomes can’t be guaranteed but express confidence in their ability to deliver results.

Red Flags:

Beware of lawyers who claim to win every case or guarantee victory—that’s unrealistic and unethical. Avoid those who dodge the question or lack notable successes despite experience. Negative talk about other lawyers or lack of transparency is unprofessional. Also, check for any public discipline or many lost trials, which may signal issues. Lack of a solid track record or dishonesty is a red flag.

RMD Law’s Response:

Our success rate is 99.99%. RMD Law is proud of our proven track record in California personal injury cases. Unlike high-volume “billboard” firms that take on as many cases as possible, we carefully select the cases we handle so that we can devote the time, attention, and resources needed to maximize each client’s outcome. This focused approach allows us to achieve outstanding results and deliver the kind of personalized representation our clients deserve.

Our firm has recovered over $200 million in settlements and verdicts for our clients, and we have over 700 five-star client reviews attesting to our success and service. We can share many success stories – for instance, we have won a $5.1 million bad-faith insurance settlement for a client and a $3 million car accident settlement for another client. All of our attorneys dedicate 100% of their practice to personal injury, and we have been recognized with industry awards that reflect our strong results and ethics. While no attorney wins every single case, we certainly fight as hard as possible for every client, and our outcome history speaks for itself.

If you choose RMD Law, you are choosing a firm with an outstanding success rate in personal injury claims – and our goal is to add your case to our list of successes by securing the maximum compensation possible.

How a Personal Injury Lawyer Strengthens Your Claim

If you’ve been involved in an accident in California, consulting a personal injury attorney early is highly advisable – even if you’re unsure about filing a lawsuit. A lawyer can review your claim, explain your options, and help maximize your recovery. Most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless you win.

Talking to a lawyer is especially important if you suffered severe injuries, long-term impairments, or if fault is unclear. An experienced attorney will:

• Evaluate the viability of your claim and identify all potential defendants.

• Alert you to critical deadlines, like California’s two-year statute of limitations.

• Advocate for you when dealing with insurance companies aiming to minimize payouts.

• Advance litigation costs and handle communications with insurers.

• Gather essential evidence such as police reports, medical records, and witness statements.

• Accurately value your claim, factoring in medical expenses, pain and suffering, and future needs.

• Navigate complex cases involving government vehicles, multiple parties, or partial fault.

Having legal representation often results in significantly higher financial compensation compared to going it alone. Your attorney will handle paperwork and procedural rules, allowing you to focus on recovery while they focus on your claim.

Legal counsel makes all the difference in your personal injury claim. Understanding the legal system, case timelines, and courtroom procedures is crucial. Most personal injury lawyers, including RMD Law, offer free consultations to evaluate your claim and explain how they can help. We believe informed clients make the best decisions and are committed to providing the knowledge and advocacy you deserve.

Ask the Right Questions Before You Hire an Attorney

Hiring a personal injury lawyer is a significant decision – after all, the outcome of your claim can affect your financial well-being and peace of mind. By asking these top 10 questions (and doing your research before hiring), you’ll be well-equipped to find a qualified California personal injury lawyer who meets your needs. Look for honest answers, relevant experience, clear communication, and a commitment to fight for you.

At the end of the day, the right attorney will not only have solid answers to these questions but will also make you feel confident in their ability to handle your case. If you’ve been injured in an accident and have more questions or need a claim review, RMD Law is here to help – we bring experience, compassion, and a proven track record to every client’s case.

Contact RMD Law at (949) 828-0015 for a free, no obligation consultation and let us put our expertise to work for you. Your focus should be on healing, while ours is on winning your case.