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Questions to Ask Before Hiring an Auto Accident Lawyer

Filed by @dominickbvfa337
Choosing an Auto Accident Attorney: Questions to Ask

Choosing a car accident lawyer is easier with a short list of questions. Some crashes involve one insurer and a modest property claim, while others bring serious injuries, several policies and disputed fault. These questions can make a first meeting more productive, regardless of the size of the claim.

Check the license first

Before any meeting, confirm the basics. Every state bar or licensing agency offers a way to check that a lawyer is licensed and in good standing, and many also publish disciplinary history. 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.

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Questions about experience

Ask how many car crash claims the lawyer handles, and of what kind. An auto accident lawyer should be comfortable with coverage questions, such as uninsured motorist (UM) claims, PIP and MedPay, and liens from health plans or Medicare. Ask how the firm gathers evidence such as 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 settle.

Understand the fee agreement

Many injury lawyers work on a contingency fee, meaning a percentage of any recovery. ABA Model Rule 1.5(c), which many states have adopted 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 covers 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.

Who will handle the case

Ask whether the car crash attorney at the consultation will handle the case personally, and how often to expect updates. Ask who will answer questions when the lawyer is unavailable, and whether updates come by phone, email or a client portal. ABA Model Rule 1.5(e) generally requires the client's written agreement before lawyers in different firms divide a fee, so any referral or co-counsel plan should be explained at the start.

Preparing for the consultation

A consultation is more useful when the documents are available. 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, because they show what has already been said and signed. Medical bills and pay stubs help show the losses so far.

Warning signs

Be cautious of anyone who promises a dollar figure at the first meeting. No lawyer can know the outcome of a claim in advance. Unsolicited in-person or phone approaches after a crash are another warning sign, since ABA Model Rule 7.3 generally restricts live person-to-person solicitation by lawyers. A motor vehicle accident attorney should be able to explain the statute of limitations that applies. This is general information, not legal advice.

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