The initial consultation is a crucial step in pursuing litigation for personal injury. In order to make the most of this valuable time, it’s important to adequately prepare for the meeting. That includes knowing what to expect, bringing relevant documents, and preparing questions to ask the lawyer during the consultation.
What can I expect at a lawyer consultation?
Think of a lawyer consultation as somewhat similar to a job interview. Both you and the attorney are trying to determine whether you will be a good fit. This means you will both need to review as much information as possible about the other.
At the very least, the lawyer will ask you for details about the incident at the center of your claim, and review documents related to the incident or aftermath, such as police reports, insurance correspondence, medical appointments, etc. This is an important way for the lawyer to be able to determine whether they have the knowledge, experience, and resources to handle your case.
However, the lawyer should not be the only one asking questions. Just as the lawyer is vetting you, you should be vetting the lawyer.
With that in mind, here are some good questions to ask a lawyer during a consultation.
6 Questions to Ask a Lawyer During a Consultation
1. Have you handled this type of case before?
This might be the single most important question to ask any lawyer during a consultation. In order to get the best results, you’re going to want a lawyer with plenty of experience handling cases just like yours. Although the level of experience necessary will depend on the complexity of your situation, you’ll still want a lawyer who has some experience in the field of personal injury.
If your case is relatively straightforward, then you can decide whether or not you feel like hiring a less experienced lawyer whose services may come at a reduced cost.
In determining experience, the more concrete, detailed examples you’re able to get from the lawyer during the consultation, the better. Don’t be afraid to ask follow-up questions, especially relating to the success rate and any potential problems you might expect.
2. What will the fees and expenses be?
It’s important to know, right from the start, what the lawyer you’re meeting with is going to charge. Whether it be a fixed amount or an hourly rate, having a clear understanding of the cost of your case will help you decide whether or not it makes sense to proceed or pursue other options. If you’re suing for monetary damages, you should ask your lawyer if they can represent you on a contingency basis, which means they get paid only if they win the case on your behalf.
If your Oregon personal injury lawyer offers the option to work on a contingency basis, ask what percentage of the money they’ll receive at the end of the case. It’s typical for lawyers to take around one-third of the total amount, but this can vary from lawyer to lawyer and case to case.
When it comes to your case’s financials, it’s crucial that you know what to expect early on, even though the lawyer will most likely not be able to give you a precise quote during the initial consultation.
3. What strategy do you intend to use?
Some lawyers might be hesitant to give a too-concrete strategy until you’ve signed a contract or paid a retainer, but it’s still worth inquiring about. If the lawyer is willing to discuss it, ask not only about what strategies the lawyer is considering but also about the amount of time they believe each strategy will take. You’ll have to balance the potential benefits with the cost and risk of different strategies, so it’s important to know about them early on.
4. What are the possible outcomes of my case?
Speaking of strategy, it’s a good idea to ask about the potential outcomes of any strategies the lawyer is considering. This provides even more information to help you determine the costs and benefits of each strategy.
5. What will my role be?
Another important question to ask the lawyer during the consultation is what the lawyer’s preferred strategy requires of you. On that note, you’ll want to ask how often the lawyer intends to provide updates over the course of the case, as well as what kind of response or other communication is expected of you.
6. Are there alternatives to legal action?
Finally, it’s worth asking whether legal action is even the right course at all, as opposed to alternatives such as mediation, arbitration, or settling out of court. A good lawyer will give you an honest answer. Other good follow-up questions include how many of the lawyer’s cases typically get settled out of court and how much experience the attorney has going to trial.
What Should You Bring to Your First Meeting with Your Personal Injury Attorney?
How do I prepare for a lawyer consultation?
In addition to any documents related to your case, it’s important to show up with a list of questions to ask the lawyer during the consultation. It’s also a good idea to consider the answers you expect, or hope, to receive beforehand.
As your first meeting approaches, it’s completely normal to feel some apprehension. After all, most people are not accustomed to dealing with the legal system. But as with almost everything, preparation can reduce, or even eliminate, stress or anxiety.
Law Enforcement and Other Investigative Materials
An investigation is a standard aspect of many Oregon personal injury cases. Law enforcement officers prepare accident reports after investigating traffic accidents. Insurance companies, grocery stores, and other businesses conduct investigations when people are injured on their property. In fact, the injured victim is sometimes asked to fill out a form.
You may or may not have access to these various documents. However, if you have copies of any such reports or any other materials related to the investigation of your accident, bring them with you.
Photographs and Video
As they say, “A picture is worth a thousand words.” This can be especially true when recreating an accident scene or explaining damages to a jury. If you have photographs, videos, or other representations of an accident scene, damaged automobiles, injuries, parties, or anything else related to your case, bring them all to the meeting. Even a photograph that you think is unimportant or of poor quality may reveal something that your attorney thinks is important.
And don’t shy away from photographs that you think are harmful to your case. It’s better that your attorney knows everything now. Plus, your attorney’s assessment of the photograph may be different than yours.
Medical Treatment and Diagnostic Information
Every medical diagnosis and all medical treatment notes are important. If you have notes or other information from hospitals, doctors, and other medical care providers, bring them. That way, your attorneys can start putting together your medical history as soon as possible.
Your prior medical history may also be relevant to the case. Therefore, you also need to bring any information you have concerning injuries or accidents that occurred before the accident you intend to discuss with your attorney.
Costs and Expenses Related to Injuries and Medical Treatment
Remember, when you are injured as a result of another’s negligence, you are entitled to recover all of your medical expenses and other costs related to the accident. Therefore, it’s important to bring all records of expenses you have incurred. This can include hospital bills, doctor bills, prescription costs, nursing care, chiropractor bills, ambulance expenses, diagnostic expenses (such as x-rays, MRIs and CT scans) and any other similar expenses.
Wage Documentation
Personal injury victims are also entitled to recover for lost wages. Therefore, if you have missed work, it’s helpful to bring some recent pay stubs, tax returns, or other documentation of your earnings and salary. Additionally, bring any information you might possess that documents the amount of time you have missed from work.
Insurance Information
Bring copies of all correspondence from or with any insurer. Bring a copy of the declarations page of any insurance policy that you think might apply to your case, including your own auto and health policies. Sometimes, personal injury victims are surprised to learn that a variety of different insurance policies might be applicable to the case. Therefore, your lawyer will quiz you carefully in this regard.
If you have received any documentation from an insurer regarding the accident or your treatment, bring it. This includes any documents, questionnaires, or forms that your health or automobile insurer has asked you to complete. Keeping this information together in a folder where you can find it easily will make it easier for the sake of your own recordkeeping, and easier to sort through at your legal consultation.
Information Concerning Witnesses
If you have contact information for any witnesses, bring it with you to the meeting. If you can obtain written or audiovisual recorded testimony, this can be helpful for building your case and determining fault.
What if I Don’t Have Everything?
Don’t worry and don’t stress. Just bring what you have.
The lawyers at Nelson MacNeil Rayfield have investigated hundreds of accidents and can use independent avenues to locate much of the needed information you can’t access yourself. We’ll work with you to develop a plan of action for getting everything we need. Contact us today for a free consultation, where our knowledgeable, compassionate team of attorneys will help you navigate the complexities of your case.