15 essential questions for your free attorney consultation — Personal Injury cases in California
Standard is 33% pre-suit, 40% after filing. Ask if the percentage changes at different litigation stages.
Some attorneys absorb costs; others require repayment regardless of outcome. Clarify in writing.
Trial experience matters — insurance companies know which attorneys actually try cases and adjust settlement offers accordingly.
Car accident, slip and fall, dog bite, and product liability cases each have different liability theories and evidence requirements.
Ask about their methodology for calculating economic damages (medical costs, lost wages) and non-economic damages (pain and suffering).
Many large PI firms use junior associates or paralegals for most work. Know who will actually be working on your case.
Realistic timelines: 6–12 months for uncomplicated cases, 18–36 months for litigated cases, 3–5 years for cases going to trial.
Medical providers and health insurers often place liens on your settlement. An attorney who negotiates these down increases your net recovery.
If they immediately say 'great case!' without reviewing facts, be skeptical. Good attorneys give honest assessments including weaknesses.
Local knowledge of specific insurance companies' tactics and settlement tendencies is valuable.
Ask about communication frequency and method. Lack of communication is the #1 complaint about PI attorneys.
If a government vehicle or property was involved, there are special Government Claims Act requirements with 6-month deadlines.
Good attorneys wait until you reach MMI before settling — settling too early means you may not know your full medical costs.
Expert medical testimony is often needed for serious injury cases. Ask about the attorneys' roster of experts.
Ask specifically about their willingness to file suit, litigate through discovery, and try cases. Empty threats of 'we'll see you in court' accomplish nothing.
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