Personal Injury
9 questions to ask your prospective personal injury attorney
By Ted Smith, Attorney · Originally published November 15, 2018. Updated July 16, 2026.
An incident that turns into a personal injury claim is often one of the hardest things you will go through. It affects you physically, financially, and emotionally, and it tends to strain your work and family life along the way. Picking the right attorney matters, and a short conversation before you sign anything can tell you a lot about whether a firm is the right fit.
Below are nine questions worth asking at that first meeting, and why each one matters.
Start with a free consultation
Finding the right attorney starts with meeting them in person, or by phone or video if that works better for you. A consultation should leave you feeling reassured, not rushed, and confident that the attorney understands both the law and the fact that your life has been disrupted. Some firms, including ours, advertise a free first consultation. Confirm the cost before you schedule with any firm.
Questions about who handles your case
1. Will you be the attorney handling my file from beginning to end? Some firms hand cases off between intake staff, paralegals, and attorneys at different stages. It is fair to ask exactly who you will be working with.
2. Who else participates in working on my file? Paralegals and case managers often do real work on a file. Knowing the team helps you understand who to call with questions.
3. What experience do you and your staff have handling cases like mine? A car accident case, a slip and fall, and a case involving a lien from a government health program can each raise different issues. Ask about experience with your specific type of claim.
Questions about the process and outcome
4. What does this process look like from start to finish? A good attorney can walk you through the general stages of a claim, treatment, claim preparation, negotiation, possible litigation, and settlement, even though the exact timeline depends on your case.
5. Do you think I have a good claim, and what are the time frames involved? No honest attorney will promise a result at a first meeting, but they should be able to explain what strengthens or weakens a claim like yours and give you a realistic sense of how long the process tends to take.
6. What happens if my claim is unsuccessful? Are there other avenues of recovery? Ask what happens if the initial claim does not succeed and whether other options, like a different insurance policy or a different theory of liability, might apply.
7. Will my case go to trial, and if so, what input do I have? Some personal injury claims settle before trial, while others are decided by a judge or jury. You should understand what litigation would look like and how much say you have in decisions along the way.
Questions about fees and communication
8. What are your fees, and how are they calculated? Do they change between negotiation and trial? Most personal injury attorneys work on contingency, meaning you do not pay upfront and the fee comes out of any recovery. Ask directly whether the percentage changes if the case goes into litigation, since many contingency agreements do adjust at that point.
9. How often can I expect to hear from you, and will you help with related issues like debt collectors or medical bill disputes? A responsive attorney should be able to tell you how updates typically get communicated and whether their office helps with the practical side effects of an injury claim, not just the legal claim itself.
A competent attorney should be able to answer these questions clearly and also anticipate the questions specific to your situation that you have not thought to ask yet.
If you want to research an attorney further or compare your options, the State Bar of Texas Lawyer Referral & Information Service is a public, toll-free service that connects you with attorneys statewide. A referred lawyer may charge up to $20 for a 30-minute consultation. TexasLawHelp.org also has general background on how personal injury claims work in Texas.
FAQ
Is the first consultation really free? Some personal injury firms, including ours, advertise a free first consultation. Confirm this upfront with any firm you are considering.
How do contingency fees work? You typically pay no attorney’s fee unless your case recovers money, and the fee is a percentage of that recovery. Ask any attorney you meet with to explain their specific fee structure in writing before you sign anything.
Should I meet with more than one attorney? There is nothing wrong with talking to a few attorneys before deciding. What matters most is finding someone whose experience fits your case and whose communication style works for you.
What if I already talked to the insurance adjuster before hiring an attorney? Tell your attorney exactly what was said. It does not usually disqualify your claim, but your attorney needs the full picture.
Do I need a lawyer who only does personal injury work? Experience specific to personal injury claims, and ideally your type of claim, is generally more valuable than a broad general practice, though every firm is different.
Sources
Ready to talk?
Ted Smith is a former Army JAG officer who served at Fort Hood, opened his private practice in 1976, and currently handles personal injury matters. If you would like to meet with one of our personal injury attorneys, call or text (254) 690-5688 for a free consultation.