A car accident brings a lot of uncertainty into families’ lives.
Who will be processing the insurance claim? Who will be paying medical expenses? What if the other driver denies responsibility? What will be the cost of hiring a lawyer? And most importantly: How do you find the right car accident lawyer for your family?
It is not easy to choose an attorney if a loved one is suffering from a personal injury and dealing with a car wreck and related challenges.
One does not need to understand personal injury law inside and out prior to meeting with an attorney. The key is to start by asking questions and getting a grasp of the attorney’s experience, communication policy, cost, and approach to your case.
Here are questions Texas families may want to ask before hiring a car accident lawyer.
1. Do You Handle Car Accident Cases?
There are many different categories within personal injury law. An attorney can work with premises liability cases, workplace injuries, product liability, medical malpractice, car accidents, and many other kinds of cases.
Therefore, it makes sense to ask about experience in handling car accident claims.
For example, you can ask:
- How often do you handle car accident injury cases?
- Is it part of your practice to take on serious injury cases?
- Do you have experience with cases similar to ours?
The purpose is not to hire an attorney who says on their website that he or she handles “personal injury” cases. It is crucial to find out whether the lawyer has experience in working with cases of automobile accidents and related issues.
2. Who Will Actually Handle My Case?
The attorney you speak to during an initial consultation may not be the person to handle every aspect of your case.
It makes sense to find out who will be your contact person and whether an attorney will be involved in decision-making regarding your case.
You may also want to ask:
- Will I communicate directly with an attorney?
- Who will respond to questions about medical treatment and insurance claim?
- Who should I contact in case of important updates?
- What if we have urgent questions about the case?
The way of communicating may vary among clients. But the most important thing is to understand the communication policy in advance.
3. What Is Your Approach to My Type of Accident?
There are many differences between different car accidents.
A simple case of a collision between two cars may differ significantly from cases of commercial vehicle accidents, multiple-driver cases, uninsured motorists, and other types of crashes.
Ask the lawyer how he or she would deal with your specific case.
For example:
- How would you investigate who was responsible?
- What evidence may be important?
- Will photographs, witness statements, crash reports, or vehicle information matter?
- How could my medical records affect the claim?
- What happens if the other driver disputes fault?
A lawyer should be able to explain the general legal process in language you can understand without promising a particular outcome.
4. What Information Should I Bring to the Consultation?
There is nothing an attorney can evaluate in a case without any information about it.
Prior to your consultation, you may ask the firm whether it needs the following information:
- Accident or crash report.
- Photographs or videos of the accident scene.
- Photographs of vehicle damage.
- Insurance information.
- Medical records and bills.
- Information about medical treatment.
- Contact information of witnesses to the accident.
- Information about missed work and lost income.
- Correspondence with insurance companies.
- Information about any previous settlement offers.
You may not have everything. That is okay.
If the accident happened recently, information may still be gathering. It is recommended to collect the information about people and vehicles involved in the accident, document any damages or injuries, and notify the insurance company and authorities.
5. How Does Your Legal Fee Work?
This is one of the most critical issues to discuss before entering into an agreement.
Many personal injury lawyers charge a contingency fee, but each attorney may have a different agreement. It is important to understand what it means in your case.
Ask:
- Is the fee contingent on a recovery of money?
- What is the percentage of the fee?
- Does the percentage change if the case will be going to trial?
- What case expenses may apply to our case?
- What happens with the case expenses if the attorney does not recover anything?
- Will I get a written fee agreement outlining all of these terms?
Do not rely on a verbal explanation alone. Read the written agreement carefully and ask questions about anything you do not understand before signing.
6. What Costs Could I Be Responsible For?
Attorneys’ fees are just one of the costs associated with legal representation.
Depending on the specifics of the case, there can be expenses related to the gathering of records, filing of documents, obtaining expert opinions, conducting investigations, and other legal work.
The important question is not simply “How much will a lawyer cost?”
Ask the more specific question:
“What fees and case expenses could I be responsible for, and when would they be paid?”
Understanding the financial arrangement in advance can help prevent surprises later.
7. How Will You Communicate With My Family?
After a car accident, you will probably receive a lot of letters, calls, medical bills, and other messages from different sources.
Therefore, communication may become a very important component of the attorney-client relationship.
Ask:
- How often should I expect to receive updates?
- Do you communicate by phone, email, text, or in other ways?
- Who should I contact if I have any questions about our case?
- How quickly can I expect to get a reply to my messages?
- Would you provide explanations about the key developments before making decisions?
You should feel free to ask your questions about the case. There are many legal terms that may be hard to understand. It is perfectly fine to ask the attorney to clarify any term.
8. What Happens if the Insurance Company Makes an Offer?
The insurance company will probably contact the victim after a car accident, and the family will receive questions or settlement proposals.
You should consult your attorney prior to accepting any kind of offer and ask how settlements are negotiated.
For example:
- What are the elements of damages that may be included in the claim?
- Is the medical treatment completed?
- Is there any need for further treatment?
- How are the medical expenses considered?
- Is there any connection with lost income or future losses?
- What happens after the settlement is reached?
It is important to understand the implications of making any settlement decision. The appropriate steps depend on the specific case facts, and your family should know the terms of any settlement proposal before agreeing to it.
9. What If the Other Driver Says the Accident Was My Fault?
The question of who was responsible for the accident may be controversial in some cases.
Ask the lawyer how he or she will evaluate any inconsistent reports about the accident.
The evidence may include:
- Reports of the police or the accident reconstruction team;
- Photographs and video;
- Vehicle damage;
- Testimony of witnesses;
- Available video surveillance or traffic-camera footage;
- Accident reconstruction evidence;
- Medical documentation;
- Statement or records concerning the circumstances of the collision.
Texas personal injury cases may involve questions of responsibility and damages, and it is important to know the specific circumstances. The attorney should discuss the strengths and possible challenges of your particular case rather than give any guarantees.
10. What If My Family Member Has Serious or Long-Term Injuries?
Sometimes injuries heal very fast. Other times, they require medical care for several months or even years.
If your family member has a serious injury, ask your attorney how it can affect the case.
For example, the following questions can be asked:
- Could the future medical treatment be an issue?
- How could the injury influence the ability to work?
- What medical records could be used?
- How are the limitations considered?
- What happens if the severity of the injury is not yet clear?
It is important not to make any assumptions regarding the value or outcome of a case prior to evaluating the medical and factual circumstances.
11. Will My Case Have to Go to Court?
Just hiring an attorney does not automatically mean that your case will require a trial.
Ask the attorney to explain the stages of a personal injury case from negotiation to litigation.
You can ask:
- What if the insurance company will not settle the claim?
- When will the lawsuit be filed?
- What will happen if the lawsuit is filed?
- What will be expected from me if the case goes to court?
- What kind of decisions will be made regarding the settlement of the claim?
The answer can depend on the case facts, involved parties, the evidence, and the law.
12. What Is the Time Limit for My Texas Car Accident Claim?
Do not wait until it is too late to learn about the deadline.
The Texas Civil Practice and Remedies Code §16.003 provides a two-year statute of limitations for personal injury claims. It can be shorter for wrongful death claims.
It does not mean that every case should be postponed for two years.
Important information can become difficult to gather, medical treatment and other circumstances can evolve, and some claims may require faster actions.
If you think that you may have a personal injury claim, consulting a Texas attorney sooner rather than later may help you to learn about your deadlines.
13. Are You Licensed to Practice Law in Texas?
It is a basic question, but a very important one.
You can check the licensing information of any Texas lawyer at the State Bar of Texas.
You may ask the attorney about his or her experience and areas of practice.
If an attorney claims to be a board-certified specialist, you should understand what it means and what kind of certification the attorney has. Texas lawyer advertising rules set forth specific requirements regarding claims of board certification and legal specializations.
14. Can You Explain the Possible Challenges in My Case?
Useful consultation should not consist only of information about the positive sides of your case.
Ask the lawyer:
“What challenges can you see in my case?”
Depending on the circumstances, the issues could include the following:
- Disputes about responsibility
- Issues concerning the causation or extent of injury
- Insurance issues
- Conflicting evidence
- Preexisting conditions
- Disagreements about damages
No attorney can give you a guarantee about the result of a case at the first stage.
But the discussion of potential challenges may help your family to understand the issues that you need to address in the case.
15. What Should I Expect During the First Few Weeks?
Families often want to know what happens immediately after hiring a lawyer.
Ask the attorney to walk you through the next steps.
These might include:
- The review of the accident and available evidence.
- Gathering of relevant records and documentation.
- Identification of potentially responsible parties and insurance coverage.
- Communication with the insurance companies.
- Monitoring of medical treatment and documentation.
- Evaluation of legal and factual issues in the case.
- Discussion of the options as the case evolves.
The exact process will vary from one case to another.
16. Are There Questions I Should Ask That I Have Not Thought Of?
This may be one of the most useful questions to ask at the end of a consultation.
You are not expected to know every legal question to ask.
If you are unsure about something, say so.
A family may also want to ask:
- What information do you still need from me?
- What should I not do while the claim is pending?
- Should I communicate directly with the insurance company of the other driver?
- What should I do if the insurance adjuster contacts me?
- Should I share any information on social media?
- What should I do if my medical bills are still coming?
- What if my condition is getting worse?
- When will we discuss the settlement of the claim?
Writing down your questions before the consultation can make the conversation easier and help you remember important details.
Red Flags to Watch For When Choosing a Car Accident Lawyer
Be careful with the statements that sound like promises rather than information.
For example, you should be careful with claims that say that:
- The lawyer guarantees a particular recovery.
- Every client receives the same result.
- The lawyer guarantees that the case will be won.
- The lawyer is “the best” automatically without any justification.
- The case value is known prior to the evaluation of the facts.
Texas lawyer advertising rules prohibit false or misleading communications and communications creating an expectation of a particular result. Texas Bar Association mentions the following issues concerning guarantees, past results, and false expectations in its advertising guide.
Past results, testimonials, awards, and other marketing statements can also be regulated by the Texas lawyer advertising rules.
Questions to Bring to Your First Consultation
If you want a simple checklist, consider saving these questions before your consultation:
- Do you handle car accident injury cases?
- Who will be handling my case?
- How will we communicate?
- What information do you need from me?
- How does your fee arrangement work?
- What additional case expenses may apply?
- What challenges can you see in my case?
- What would happen if the insurance company denies liability for the accident?
- What would happen if the case cannot be settled through negotiations?
- What deadlines can be applicable to my case?
- What should I do — and not do — while my claim is pending?
- What are the next steps if I hire your firm?
Making an Informed Decision After a Texas Car Accident
Finding the right car accident lawyer is not about choosing an attorney who has a degree or a fancy website.
It is about understanding whom you will be working with, how the legal process works, what your fee agreement says, how the communication will work, and what issues may apply to your particular case.
It is crucial to ask the questions, to read the fee agreement, and to make sure you understand everything. And you should be careful with anyone who gives you a guarantee of a result prior to learning all the facts.
If you or your family member have been injured in a car accident in Texas, The Cain Firm provides information and legal services regarding personal injury claims. You can learn more about the firm’s approach and contact information through the firm’s website.
Important: This article is meant to provide general information about Texas personal injury law and is not legal advice. Every accident and personal injury case is unique. The information provided in this article does not create an attorney-client relationship. Deadlines, legal rights, and available claims depend on the specific facts and applicable law.
Frequently Asked Questions About Hiring a Texas Car Accident Lawyer
When should I talk to a car accident lawyer after a crash?
There is no general deadline to contact a lawyer, but speaking to an attorney right after the accident may allow you to have enough time to understand the legal aspects, gather information, and identify deadlines that may apply to your case. Texas generally provides a two-year statute of limitations for personal injury claims.
How much does a Texas car accident lawyer cost?
The cost depends on the lawyer and the fee arrangement. Many personal injury attorneys use contingency fee agreements, but the percentage, expenses, and other terms may vary. Read the written agreement and ask the questions prior to signing.
What should I bring to a car accident lawyer consultation?
Provide any documents or evidence that you have, including the accident report, photos, information about insurance, medical records or bills, information about witnesses, photos showing car damage, evidence of loss of wages, and any letters from insurers.
Can a lawyer guarantee how much my car accident case is worth?
No. There are no guarantees a lawyer can give regarding the results and compensation. The worth of a personal injury claim may depend on numerous factors, including liability, injuries, medical documentation, insurance coverage, damages, etc.
Do I have to go to court if I hire a car accident lawyer?
It’s not necessary. Some claims may be settled without going to trial, whereas others may require litigations. In any case, your lawyer will advise you on your options depending on your case.
What if the other driver's insurance company already contacted me?
Before agreeing with anything proposed by the insurance company, it would be better to know what your rights are and how to handle this communication. You may want to talk to a Texas personal injury attorney.
About This Legal Information
The above information is educational and should not be considered as legal advice. Laws and deadlines are always changing and exceptions may exist. In case you need advice for your personal injury or car accident claim in Texas, contact a qualified lawyer.
Attorney responsible for this content: Brett Cain
Primary practice location: Fort Worth, Texas
