9 Questions to Ask Your Brain Injury Lawyer

Choosing legal representation after an accident or injury is one of the most consequential decisions you’ll face during your recovery journey. The right attorney can mean the difference between a settlement that barely covers your medical bills and compensation that truly accounts for your pain, suffering, and future needs. Yet many injury victims enter their first consultation unprepared, missing crucial opportunities to evaluate whether a lawyer is truly equipped to handle their case.

Our friends at Blaszkow Legal, PLLC discuss how a well-prepared consultation transforms the attorney-client relationship from the very beginning. An experienced brain injury lawyer will view your questions not as challenges to their authority, but as signs of an engaged, informed client who takes their case seriously.

The consultation process should be a two-way street. While the attorney assesses the merits of your potential claim, you should simultaneously evaluate their qualifications, approach, and compatibility with your needs. Coming armed with the right questions ensures you gather the information necessary to make a confident, informed decision. Here’s your comprehensive guide to the critical questions that will help you find the best legal advocate for your personal injury case.

What Specific Types of Personal Injury Cases Do You Handle?

Personal injury law encompasses a broad spectrum of case types, from automobile accidents and slip-and-falls to medical malpractice, product liability, and wrongful death claims. While many attorneys advertise themselves as personal injury lawyers, their actual experience may be concentrated in just one or two areas. Understanding their specific focus helps you determine whether they’re truly qualified to handle your particular situation.

Ask the attorney to describe the breakdown of their current caseload. If you were injured in a trucking accident, you want someone who understands federal motor carrier regulations, black box data, and the complex liability issues involving commercial vehicles. If you’re pursuing a premises liability claim for a dog bite, you need an attorney familiar with local animal control ordinances and homeowner’s insurance policies.

Specialization matters because different types of personal injury cases require different knowledge bases, evidence-gathering techniques, and strategic approaches. An attorney who primarily handles car accidents may not have the medical expertise needed for a birth injury case or the product knowledge required for a defective device claim. Don’t be afraid to ask directly: “How many cases like mine have you handled in the past two years, and what were the outcomes?”

How Will You Investigate and Build My Case?

A successful personal injury claim depends on thorough investigation and compelling evidence. During your consultation, ask the attorney to walk you through their investigative process for cases similar to yours. What steps will they take immediately after you retain them? How will they preserve evidence before it disappears? What experts might they consult to strengthen your claim?

For example, in a car accident case, a diligent attorney should discuss obtaining the police report, interviewing witnesses, photographing the scene, securing surveillance footage, analyzing vehicle damage, and potentially hiring accident reconstruction specialists. In a medical malpractice case, they should explain how they’ll obtain and review medical records, consult with medical experts, and identify deviations from the standard of care.

Ask whether they visit accident scenes personally or delegate this to investigators. Inquire about their relationships with expert witnesses in relevant fields. The quality of investigation often determines case outcomes, so you want an attorney who demonstrates a methodical, comprehensive approach rather than someone who simply files a claim and hopes for the best.

What Is Your Fee Structure and How Are Costs Handled?

While most people know that personal injury attorneys typically work on contingency, the details of fee arrangements can vary significantly between firms. Don’t let discomfort about discussing money prevent you from getting clarity on this crucial topic. Ask exactly what percentage of your recovery the attorney will take and whether that percentage increases if the case goes to trial.

Standard contingency fees often range from 33% to 40%, but some attorneys charge a lower percentage if the case settles before litigation and a higher percentage if a lawsuit must be filed. Others maintain a flat percentage regardless of how much work is required. There’s no universally “correct” approach, but you deserve to know exactly what you’re agreeing to.

Equally important are case costs, which are separate from attorney fees. These expenses might include medical record fees, expert witness charges, court filing costs, deposition expenses, and investigation fees. Ask whether the firm advances these costs (meaning they pay upfront and deduct from your settlement) or whether you’re expected to pay them as they’re incurred. Also clarify what happens to unpaid costs if your case is unsuccessful—some firms absorb these losses while others may seek reimbursement from clients.

How Long Do You Expect My Case to Take?

Personal injury cases vary dramatically in duration, and managing your expectations from the start helps reduce stress and frustration down the road. Ask the attorney for a realistic timeline based on cases similar to yours. While no lawyer can predict exactly how long your case will take, an experienced attorney should be able to provide a general timeframe and explain the factors that might accelerate or delay resolution.

Discuss the typical stages your case will go through, from initial investigation and treatment completion to demand negotiations, potential litigation, discovery, mediation, and possibly trial. Understanding this roadmap helps you plan financially and emotionally for what may be a lengthy process.

Also ask what factors are within your control to help move the case forward efficiently. Following through with medical treatment, attending appointments, providing requested documentation promptly, and staying in communication with your attorney can all impact how quickly your case progresses. Conversely, ask what red flags might indicate the case is stalled unnecessarily and when you should be concerned about delays.

What Is Your Current Caseload and Availability?

Even the most talented attorney can’t provide quality representation if they’re overwhelmed with too many cases. During your consultation, ask directly about the attorney’s current caseload. How many active cases are they managing? What is their typical client-to-attorney ratio? This information reveals whether you’ll receive personalized attention or become just another file in an overcrowded practice.

Some high-volume firms handle hundreds of cases simultaneously, which can mean less individualized attention for each client. Solo practitioners may have smaller caseloads but could face limitations in resources or capacity if complications arise. Mid-sized firms might offer a balance of personal service and adequate resources. There’s no perfect answer, but you should feel confident that the attorney has sufficient time and energy to dedicate to your case.

Ask about their availability for questions and concerns. If you call with an urgent issue, how quickly can you expect to speak with your attorney? Are they frequently in court handling other cases? Do they take vacations or have any planned absences that might affect your case timeline? Understanding their availability helps you determine whether their practice structure aligns with your expectations.

How Do You Handle Negotiations With Insurance Companies?

Insurance companies are in the business of minimizing payouts, and their adjusters are trained negotiators who deal with injury claims daily. Your attorney’s negotiation skills and reputation can significantly impact the settlement offers you receive. Ask potential lawyers about their negotiation philosophy and tactics.

Do they have established relationships with adjusters and insurance defense attorneys in your area? While being too friendly with the opposition can be concerning, having professional relationships and a reputation for thorough preparation often leads to better settlement offers because insurance companies know the attorney won’t accept lowball offers.

Inquire about their approach to initial demand letters and settlement negotiations. Do they start with inflated demands expecting to negotiate down, or do they present well-researched demands backed by solid evidence? How do they determine when a settlement offer is fair versus when it’s appropriate to reject it and proceed with litigation? Their answers will reveal whether they’re strategic negotiators or simply willing to accept whatever is offered.

What Can I Do to Help My Case?

Your actions during the claims process can significantly impact the value and success of your case. Ask your potential attorney for guidance on what you should and shouldn’t do while your claim is pending. This demonstrates your commitment to being an active participant in your own representation and gives you valuable insights into preserving your claim’s integrity.

Most attorneys will advise you to continue all recommended medical treatment, keep detailed records of expenses and impacts on your daily life, avoid discussing your case on social media, and not speak with insurance adjusters without legal representation. However, there may be case-specific advice that applies to your situation.

Ask whether they want you to keep a pain journal, photograph your injuries as they heal, save all medical receipts and billing statements, or document how your injury has affected your work and personal life. Understanding your role in the process helps you contribute meaningfully to building the strongest possible case.

Have You Ever Been Disciplined by the State Bar?

While this question might feel uncomfortable to ask, it’s essential for protecting your interests. Every attorney is required to maintain their license in good standing and adhere to ethical rules. Asking about bar disciplinary history is not insulting—it’s prudent due diligence.

Most states have public databases where you can research an attorney’s disciplinary record independently, but asking the question directly gives you an opportunity to observe their reaction and hear their explanation if any issues exist. A defensive or evasive response could be a red flag, while a straightforward answer demonstrates transparency.

Keep in mind that a single minor infraction years ago doesn’t necessarily disqualify an otherwise excellent attorney, but patterns of ethical violations, trust account mismanagement, or client complaints should give you serious pause. Your attorney should be someone you can trust implicitly, and their professional record is one window into their integrity.

What Happens If I’m Not Satisfied With Your Services?

Understanding your rights and options if the attorney-client relationship isn’t working out is important before you commit. Ask about their policy regarding client termination—both if you decide to fire them and if they decide to withdraw from your case. What notice is required? Will you owe any fees or costs? How will they transition your file to new counsel?

Most personal injury retainer agreements allow clients to terminate the relationship at any time, though the attorney may be entitled to a portion of the fees if they’ve performed substantial work before you part ways. Understanding these terms upfront prevents disputes if the relationship deteriorates.

Also ask how they handle client grievances or concerns. If you’re unhappy with something, what’s the process for addressing it? Do they have a managing partner or client relations person who handles complaints? Knowing there’s a pathway for addressing concerns can provide peace of mind.

Taking the Next Step

Armed with these questions, you’re prepared to conduct a thorough evaluation of potential personal injury attorneys. Remember that the consultation is as much about chemistry and trust as it is about qualifications. An attorney might have impressive credentials but still not be the right fit if their communication style, values, or approach doesn’t align with yours.

Take notes during each consultation so you can compare attorneys afterward. Don’t feel pressured to make an immediate decision—most reputable lawyers understand that choosing representation is a significant choice and will give you time to consider your options. However, don’t delay unnecessarily, as personal injury claims are subject to statutes of limitations that could bar your claim if you wait too long to file.

Trust your instincts while also weighing objective factors like experience, resources, and track record. The attorney you choose will be your partner in pursuing justice and fair compensation for your injuries. By asking these essential questions and carefully evaluating the answers, you’ll be well-positioned to select an advocate who will fight tirelessly for your rights and help you secure the recovery you deserve.