Meeting with a personal injury lawyer for the first time can feel overwhelming, especially when you’re already dealing with the stress of an injury. However, that initial consultation is your best opportunity to determine if an attorney is the right fit for you and your case. Asking the right questions upfront can save you time, confusion, and frustration down the road.
This guide outlines the critical questions you should ask during your first meeting to ensure you hire an advocate who is experienced, transparent, and aligned with your goals.
Key Takeaways:
- Verify Experience: Ensure the attorney has specific experience with your type of injury claim in Indiana courts.
- Clarify Costs: Understand the difference between contingency fees (attorney waits on payment until your case settles) and case costs (expenses like filing fees).
- Set Expectations: ask about communication styles and realistic timelines for your case.
- Know Your Role: Be clear on what documentation and evidence you need to preserve and provide to your attorney and what evidence they will obtain on your behalf.
Table of Contents:
- What Experience Do You Have with Cases Like Mine?
- What Are Your Fees and How Do You Handle Costs?
- How Will You Communicate with Me During My Case?
- What Are the Possible Outcomes of My Case?
- What are my responsibilities as the client and your responsibilities as the attorney?
- FAQs About Personal Injury Claims
- Quick Recap
- Conclusion
- Free Personal Injury Case Review
Questions You Should Ask Your Personal Injury Lawyer
What Experience Do You Have with Cases Like Mine?
Experience isn’t just about how long a lawyer has been practicing; it’s about whether they have handled cases similar to yours. A lawyer who primarily handles slip-and-fall cases might not be the best fit for a complex medical malpractice suit involving Indiana’s specific damage caps.
Ask specifically about their track record with your type of accident. If you were injured in a car crash, ask how many auto accident claims they take to trial versus how many they settle. While most civil cases settle, you want an attorney who isn’t afraid to go to court if the insurance company’s offer is unfair.
Additionally, ask about their familiarity with local Indiana laws. For example, Indiana follows a modified comparative fault rule (Indiana Code § 34-51-2-6). This means if you are found to be more than 50% at fault for the accident, you cannot recover any damages. An experienced local attorney will know how to gather evidence to prove your liability is below that 50% threshold.
What Are Your Fees and How Do You Handle Costs?
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win or settle your case. However, the details can vary, so you need to ask for specifics.
How much is the contingency fee?
The industry standard is often around 33% (one-third) of the settlement amount, but this can increase to 40% or more if the case goes to trial or appeal. Make sure you understand what percentage the lawyer will take at different stages of the case.
Who pays for case costs?
“Fees” and “costs” are different. Fees pay for the lawyer’s time; costs cover expenses like filing fees, expert witness payments, and obtaining medical records. Ask if you are responsible for these costs if you lose the case. Some firms waive costs if there is no recovery, while others may still bill you for expenses incurred.
How Will You Communicate with Me During My Case?
Poor communication is the number one complaint clients have about lawyers. You don’t want to be left in the dark about your own life-changing event.
Ask these questions to set clear expectations:
- Who is my main point of contact? Will you be speaking directly with the attorney, or will a paralegal or case manager handle most updates?
- How often will I get updates? Will you receive weekly status reports, or only when there is a significant development?
- What is the best way to reach you? Do they prefer email or phone calls? What is their policy on returning messages?
What Are the Possible Outcomes of My Case?
No ethical lawyer can guarantee a specific dollar amount or outcome. However, an experienced attorney should be able to give you a realistic range based on similar cases they have handled.
Ask them to explain the potential value of your claim, considering:
- Economic damages: Medical bills, lost wages, and property damage.
- Non-economic damages: Pain and suffering, emotional distress, and loss of quality of life.
- Permanency: Obviously, your claim has more value if you are permanently inured as opposed to being injured for a set time period and fully recovering from your injuries.
Be sure to ask about any caps on damages that might apply. For instance, in medical malpractice cases, Indiana law (Indiana Code § 34-18-14-3) places a cap on the total amount recoverable. As of 2024, for acts of malpractice occurring after June 30, 2019, the total cap is generally $1.8 million. Knowing these statutory limits upfront helps manage expectations.
What Are My Responsibilities as the Client?
A personal injury case is a partnership. Your lawyer handles the legal strategy and obtaining some of the evidence, but they need your help to succeed.
Ask what they need from you immediately. This typically includes:
- Medical Treatment: You must follow your doctor’s orders. Gaps in treatment can be used by insurance companies to argue that you aren’t really hurt.
- Documentation: You may need to provide police reports, insurance correspondence, and photos of your injuries or the accident scene if you have them. If you do not have your police report, your attorney can obtain it. Your attorney can also request 911 tapes and body camera video.
- Silence is Golden: Most lawyers will advise you to stay off social media. Posting about your case or your injuries provides information to a defendant’s insurance company which can and will be twisted if at all possible. It is best to avoid posting anything altogether.
FAQs About Personal Injury Claims
How much time do I have to file a lawsuit?
In Indiana, the statute of limitations for personal injury cases is generally two years from the date of the accident (Indiana Code § 34-11-2-4). If you fail to file a lawsuit within this window, you will likely be barred from recovering any compensation.
What if my claim is against the government?
Deadlines are much shorter if a government entity is involved (like a city bus or a public school). For claims against a political subdivision (like a city or county), you must file a tort claim notice within 180 days of the loss (Indiana Code § 34-13-3-8). Missing this deadline can kill your case before it even starts.
Do I really need a lawyer if the insurance company offered me a check?
Insurance adjusters are trained to settle claims for as little as possible. Their initial offer rarely covers future medical needs or the full extent of your pain and suffering. Moreover, most people do not know that they have to normally pay back any health insurance carrier, Medicare, Medicaid, Tri-Care, etc… out of their settlement monies. A lawyer can evaluate the offer to ensure you aren’t signing away your rights to fair compensation.
Quick Recap:
- Experience: Choose a lawyer with a proven track record in your specific injury type and local laws like comparative fault.
- Fees: Clarify the contingency percentage and who pays for case costs if you lose.
- Communication: Establish who your contact is and how often you will hear from them.
- Timelines: Be aware of strict deadlines like the 2-year statute of limitations and the 180-day notice for government claims.
Conclusion
Choosing the right personal injury lawyer is a critical step toward protecting your rights and securing the compensation you deserve. By focusing on experience, transparency in fees, clear communication, and strict adherence to legal deadlines, you can pave the way for a more efficient and less stressful legal process.
Remember, an informed decision now can significantly impact the outcome of your case and your future. Take the time to do your research, trust your instincts, and ensure you work with someone who prioritizes your best interests.
Navigating a personal injury claim alone is risky, especially when dealing with complex statutes and aggressive insurance companies. If you or a loved one has been injured in Indianapolis, you don’t have to face it alone. Contact us today to schedule your free consultation. We’ll answer your questions, evaluate your case, and help you understand your legal options with no obligation.
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