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How to Choose a Car Accident Attorney

How to Choose a Car Accident Attorney

Choosing a car accident lawyer goes better with a few clear questions. Some crashes involve a single insurer and a modest property claim, while others involve serious injuries, several policies and disputed fault. These questions can make a first meeting more productive, whatever the size of the claim.

Confirm the license and record

Before any meeting, confirm the basics. Each state bar or licensing agency provides a way to confirm that a lawyer is licensed and in good standing, and many also publish disciplinary history. A listing in a directory or a badge from a rating publisher reflects that publisher's selection, rather than a license check or a prediction of results. If the crash happened in another state, ask whether the lawyer is licensed there or will work with local counsel.

Ask about relevant experience

Ask how many car crash claims the lawyer handles, and of what kind. An auto accident attorney should be comfortable with insurance coverage questions, such as uninsured motorist (UM) claims, PIP and MedPay, and liens from health plans or Medicare. Ask how the firm gathers evidence such as crash reports, dashcam video and event data recorder (EDR) downloads. Ask whether the lawyer has taken car crash cases to trial, since trial experience can affect how a case is prepared, even though most claims settle.

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Fees and the written agreement

Many injury lawyers work on a contingency fee, meaning a percentage of any recovery. ABA Model Rule 1.5(c), which many states have adopted in some form, requires a contingent fee agreement to be in writing and signed by the client, and to state how the fee is calculated and whether expenses are deducted before or after the fee. Ask who covers case costs if there is no recovery, such as filing fees, medical record charges and deposition costs. Ask whether the percentage changes if a lawsuit is filed, and ask for a written closing statement at the end.

Who will handle the case

Ask whether the car accident lawyer you meet will be the one handling the case, and how often to expect updates. Ask who will answer questions when the lawyer is unavailable, and whether updates come by phone, email or a client portal. ABA Model Rule 1.5(e) generally requires the client's written agreement before lawyers in different firms divide a fee, so any referral or co-counsel plan should be explained at the start.

What to bring to the first meeting

A first meeting goes further when the paperwork is on the table. Bring the police report, or at least the report number, along with photos of the scene and the vehicles. Insurance letters, claim numbers and any forms already signed matter as well, because they show what has already been said and signed. Medical bills and pay stubs help show the losses so far.

Warning signs

Be cautious of anyone who promises a dollar figure at the first meeting. No lawyer can know the outcome of a claim in advance. Unsolicited calls or visits after a crash are another warning sign, because ABA Model Rule 7.3 generally restricts lawyers from soliciting clients through live person-to-person contact. A car accident lawyer should be able to explain the statute of limitations that applies. This article is general information and not legal advice.