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Questions to Ask a San Diego Personal Injury Attorney

15 essential questions for your free attorney consultation — Personal Injury cases in California

How to Use This List: Bring these questions to your free consultation with a San Diego Personal Injury attorney. Take notes on the answers — they'll help you compare attorneys and make an informed hiring decision.

15 Questions to Ask a San Diego Personal Injury Attorney

1What is your contingency fee percentage and when does it change?

Standard is 33% pre-suit, 40% after filing. Ask if the percentage changes at different litigation stages.

2Who pays case costs (expert witnesses, filing fees) if we lose?

Some attorneys absorb costs; others require repayment regardless of outcome. Clarify in writing.

3How many personal injury cases have you taken to trial in San Diego?

Trial experience matters — insurance companies know which attorneys actually try cases and adjust settlement offers accordingly.

4Are you familiar with the specific type of accident I had?

Car accident, slip and fall, dog bite, and product liability cases each have different liability theories and evidence requirements.

5How will you value my case?

Ask about their methodology for calculating economic damages (medical costs, lost wages) and non-economic damages (pain and suffering).

6Who will handle the day-to-day work on my case?

Many large PI firms use junior associates or paralegals for most work. Know who will actually be working on your case.

7How long do cases like mine typically take to resolve?

Realistic timelines: 6–12 months for uncomplicated cases, 18–36 months for litigated cases, 3–5 years for cases going to trial.

8Will you negotiate my medical liens?

Medical providers and health insurers often place liens on your settlement. An attorney who negotiates these down increases your net recovery.

9What is your assessment of liability in my case?

If they immediately say 'great case!' without reviewing facts, be skeptical. Good attorneys give honest assessments including weaknesses.

10Have you handled cases against the same insurance company/defendant before?

Local knowledge of specific insurance companies' tactics and settlement tendencies is valuable.

11How will you keep me informed of case developments?

Ask about communication frequency and method. Lack of communication is the #1 complaint about PI attorneys.

12Do you have experience handling government entity claims?

If a government vehicle or property was involved, there are special Government Claims Act requirements with 6-month deadlines.

13What is Maximum Medical Improvement and how does it affect my case?

Good attorneys wait until you reach MMI before settling — settling too early means you may not know your full medical costs.

14Have you worked with medical experts who can testify about injuries like mine?

Expert medical testimony is often needed for serious injury cases. Ask about the attorneys' roster of experts.

15What happens if the insurance company doesn't offer a fair settlement?

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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