Accident Injury Lawyer: 10 Questions to Ask Before Hiring

Finding an Accident Injury Lawyer is not difficult, but finding a great accident injury attorney can be more of a challenge. Serious accident can turn your life upside down—leaving you with mounting medical bills, lost income, and uncertainty about what comes next. In the aftermath, finding the right accident injury lawyer isn’t just another item on your to-do list; it’s a decision that can shape your recovery and your future. But with so many attorneys promising results, how do you know who will truly stand up for your best interests?

Choosing a lawyer is more than a matter of credentials or flashy advertisements. It’s about partnering with someone who understands the local courts, knows how to counter insurance tactics, and is committed to fighting for the compensation you need to move forward. The good news? Many reputable attorneys offer free consultations and work on a “no win, no fee” basis, so you can get answers and take action without risking your finances.

Before you sign any agreement or hand over your case, it’s essential to ask the right questions. The following ten questions will help you evaluate an accident injury lawyer’s experience, approach, and commitment to your case—so you can move ahead with confidence, clarity, and peace of mind.

1. What is your experience handling accident injury cases similar to mine?

When you’re recovering from an accident, you need a lawyer who’s navigated the same terrain—someone who knows which arguments work, which evidence carries weight, and how to get insurers to take you seriously. By digging into a lawyer’s track record, you’ll understand not only how long they’ve practiced but also whether they’ve handled cases that match your situation.

Ask about years of focused personal injury practice

• How many years have you practiced in personal injury?
• Approximately how many cases have you handled involving car accidents, slip-and-fall incidents, truck wrecks or premises liability?
• Can you describe a few past cases that are similar to mine in terms of injury severity or liability issues?

Confirm local jurisdiction expertise

• Do you regularly litigate in Sarasota, Manatee and Desoto County courts?
• How well do you know the local judges, court procedures and opposition counsel?
• Have you worked with the insurance adjusters who handle claims in this region?

Refer to the firm’s service overview

To see how we apply our experience to every case, check out our detailed personal injury offerings, where we outline our approach to evidence gathering, settlement negotiations, and trial preparation.

2. What types of accident injury cases do you handle?

Not every attorney handles the same kinds of cases, so it’s important to confirm that your lawyer has deep experience in the specific type of accident you’ve suffered. Specialization means they know the pitfalls, evidence requirements and legal strategies unique to your situation—whether it’s proving liability in a multi-vehicle crash or establishing dangerous conditions at a workplace.

By choosing a lawyer whose focus matches your needs, you avoid a generalist who might learn on the job and risk missing critical details. Instead, you get a team that’s already worked through the same challenges you’re facing, from gathering witness statements to retaining the right experts.

Review core practice areas

• Car collisions
• Trucking accidents
• Slip and fall incidents
• Premises liability claims
• Wrongful death actions

Verify depth of specialized resources

Beyond a roster of case types, ask how your attorney taps into specialized support:

• Accident reconstruction experts to recreate crash scenes
• Medical specialists who can explain injury mechanisms
• Private investigators for witness interviews and evidence collection

Reference full list of practice areas

For a broader view of our legal services, see our full list of practice areas. This ensures you know exactly where our expertise lies and how we can apply it to your case.

3. Do you offer free consultations and affordable payment plans?

Financial stress should never stand between you and the legal help you need. Before you commit, it’s important to understand how a lawyer structures consultations and fees—and whether you’ll face any up-front costs. A reputable firm will make it easy to get started and minimize your financial risk.

Outline the free, no-obligation consultation process

Most accident injury lawyers provide an initial meeting at no charge, either in person, over the phone or via video call. During this session:

• You’ll share the basics of your accident—what happened, when and where.
• The attorney will ask for key documents, such as police reports, medical records, insurance policies and any photos or witness statements you’ve gathered.
• You’ll learn how your case might proceed: possible timelines, evidence needs and potential outcomes.
• This is your chance to ask everything on your mind—case strategy, communication preferences and the lawyer’s availability.

A no-obligation consultation puts you in control: you get expert feedback without signing a retainer or paying a dime.

Explore contingency fees versus payment plans

Most personal injury lawyers in Florida work on a contingency fee basis, meaning:

• You pay nothing unless you recover compensation.
• The attorney’s fee is a pre-agreed percentage of your settlement or verdict (typically in the 30–40% range).
• There are no hourly bills or hidden hourly rates.

In addition, some firms offer flexible payment arrangements for administrative costs or expert-witness fees. If your case requires out-of-pocket expenses—like accident reconstruction or medical evaluations—ask whether those can be deferred or spread out over time, reducing your immediate burden.

Emphasize client risk mitigation

By combining a free initial consultation with contingency-based billing, your financial exposure is essentially zero. You’re not writing checks while you recover or wondering whether you can afford a lawyer. If your case doesn’t result in compensation, you owe nothing. That peace of mind lets you focus on healing—knowing your legal team is invested in getting results before they collect a fee.

4. What is your fee structure and are there any hidden costs?

Money worries often follow an accident, so understanding exactly what you’ll owe before you sign is essential. A clear fee structure lets you budget, prevents unwelcome surprises, and ensures your lawyer is as invested in your outcome as you are. Don’t hesitate to press for details—any reputable accident injury lawyer will be happy to walk you through every line item.

Detail contingency fee percentage

Most accident injury lawyers in Florida work on a contingency basis, meaning your attorney is paid only if you recover compensation. Typical contingency fees range between 30% and 40% of your net recovery (the amount left after deducting expenses). However, percentages can vary with case complexity or trial likelihood. Always ask:

• What exact percentage do you charge if we settle before trial?
• Does the rate change if the case goes to trial or appeals?
• How is “net recovery” defined—gross award minus medical liens, court costs or other deductions?

With these answers in hand, you’ll know precisely how much lands in your pocket and how much goes to legal fees.

Identify additional costs

Beyond the contingency fee, certain out-of-pocket expenses may arise during case preparation. Common ones include:

• Court filing and service fees
• Expert witness and accident reconstruction charges
• Medical record retrieval and copying costs
• Deposition and transcript fees
• Travel or mileage, if multiple court appearances are required

Some firms advance these expenses and deduct them later; others ask clients to reimburse costs as they arise. Clarify who fronts these charges and when you’ll be billed.

Insist on transparent, written agreements

Verbal promises are easy to forget. Insist on a written fee agreement that spells out:

• Your lawyer’s contingency percentage at each stage
• A detailed list of potential additional expenses
• How and when costs are deducted from your award
• Any circumstances that might trigger extra charges

Review the contract line by line. If legal jargon leaves you guessing, ask for plain-language explanations before signing. A transparent agreement protects both sides—and ensures that your focus stays on recovery, not accounting.

5. How do you handle Personal Injury Protection (PIP) claims under Florida’s no-fault law?

Florida’s no-fault system makes PIP your first line of coverage after an auto accident. While PIP can ease the burden of initial medical bills and lost wages, its rules and paperwork are strict. A skilled accident injury lawyer knows how to marshal every available dollar and transition smoothly from PIP to third-party claims when it’s warranted.

Summarize mandatory PIP coverage

Under Florida law, every auto insurance policy must include at least $10,000 in Personal Injury Protection benefits. PIP covers:

• 80% of your reasonable and necessary medical expenses
• 60% of your lost wages, up to policy limits
• Up to 10,000 for medical and wage recovery combined
• A 5,000 death benefit for qualifying fatalities

These benefits kick in regardless of who caused the crash. That means you don’t have to wait for fault to be determined before getting treatment. However, PIP won’t pay for pain and suffering or other non-economic losses—that’s where excess or liability claims come into play.

Describe strategy for maximizing PIP and beyond

We start by assembling every piece of documentation PIP insurers demand: itemized medical bills, physician statements, wage records and proof of treatment. Our team vets each service to confirm it meets Florida’s “reasonable and necessary” standard and submits claims within strict deadlines (generally 14 days from the date of service).

If your injuries meet the serious injury threshold—which includes significant loss of bodily function, permanent scarring or disfigurement, or death—we’ll guide you into pursuing excess PIP or a third-party lawsuit for additional damages like pain and suffering. From drafting demand letters to negotiating with adjusters, we ensure no avenue for compensation is left unexplored.

Link to detailed PIP guidance

For a deeper dive into benefit limits, qualifying injuries and claims timelines, visit our comprehensive overview of Florida PIP benefits or review the Florida Bar’s consumer guide to Personal Injury Protection.

6. What is the statute of limitations for filing my personal injury claim?

Deadlines matter when it comes to protecting your right to compensation. In Florida, the window for filing most personal injury lawsuits is limited by statute. If you don’t file your claim within the prescribed timeframe, a court will almost certainly dismiss your case—no matter how clear the evidence or strong your injuries.

Missed deadlines aren’t rare. After an accident, you’re juggling medical appointments, mounting bills, lost wages and the stress of recovery. Yet the clock is ticking from the moment of your injury. By understanding Florida’s statute of limitations and how it applies to your situation, you can take the right steps before time runs out.

Explain Florida’s two-year deadline

Under Florida Statute Section 95.11(5)(a), you generally have two years from the date of your accident to file a personal injury lawsuit. That means if your crash occurred on July 15, 2025, you must have your complaint filed by July 15, 2027. Courts enforce this deadline strictly, and exceptions are rare—so it’s crucial to act promptly.

Note common exceptions and tolling rules

While the two-year rule covers most cases, a few scenarios can pause—or “toll”—the countdown:

• Minor plaintiffs: If you were under 18 at the time of the accident, the clock doesn’t start until your 18th birthday.
• Discovery of injury: For certain illnesses or internal injuries that aren’t immediately apparent, Florida’s “discovery rule” may allow you to file within two years of when you knew (or reasonably should have known) about your harm.
• Defendant absence: If the person you’re suing leaves the state or conceals themselves to avoid being served, the statute may be tolled until they’re located.

Each exception has its own requirements and documentation rules, so it’s best to consult an accident injury lawyer as soon as possible to see if any apply.

Cite authoritative source

For the full text of Florida’s statute of limitations, including all filing deadlines and exceptions, see Chapter 95 of the Florida Statutes: https://flsenate.gov/Laws/Statutes/2024/Chapter95/All.

7. Can you provide examples of past case results or client testimonials?

Sharing real-world outcomes can give you confidence in a lawyer’s ability to handle your case, but confidentiality rules often prevent full disclosure of client files. By asking for anonymized case summaries and reading verified testimonials, you can get a clear picture of performance—without compromising anyone’s privacy.

Request anonymized outcome summaries

Ask the lawyer to outline results for cases similar to yours—without revealing names or sensitive client data. For example:

• A Manatee County rear-end collision resulting in a $250,000 settlement for spinal injuries and lost wages.
• A Sarasota slip-and-fall at a commercial property that yielded $175,000 in compensation for broken bones and rehabilitation.
• A wrongful-death action in DeSoto County where the family secured $500,000 in damages for loss of support and funeral expenses.

By reviewing these anonymized figures—along with the type of injury, liability issues and length of time to resolution—you’ll see how the lawyer’s strategy translates into dollars and sense.

Probe for peer and industry recognition

Beyond dollar amounts, top firms earn respect from peers and professional organizations. Inquire about:

• AV Preeminent® ratings or Martindale-Hubbell rankings.
• Listings as Super Lawyers or Best Lawyers in Florida.
• Awards or certifications from local bar associations (e.g., personal injury or civil trial board certifications).

These honors don’t guarantee success, but they do reflect peer reviews, ethical standards and a record of professional excellence.

Understand confidentiality limits

While you want details, attorneys must protect client privacy. They can share general outcome trends and publicly sourced testimonials—never private medical records or personal identifiers. You might see quotes like:

“Michael Fayard kept me informed every step of the way and secured more than I expected.”
—Former client, Sarasota

These verified testimonials, combined with anonymized case studies, give you the transparency you need—without ever putting a former client’s identity at risk.

8. How do you communicate with clients and keep them informed?

Your case isn’t just a file number—it’s your life, and you deserve transparency every step of the way. Open lines of communication help you stay on top of deadlines, understand developments, and feel confident that nothing falls through the cracks. Before you commit, ask how your lawyer plans to keep you in the loop and who you’ll hear from when questions arise.

Confirm preferred update channels

Every client has a different comfort level when it comes to tech and communication. Does your attorney offer phone calls, text messages or email updates? Can you log into a secure client portal to review documents, appointment calendars and case milestones at any hour? If you’d rather meet face-to-face—or prefer video consultations to avoid travel—make sure those options are on the table. A responsive law firm adapts to your preferred channels, not the other way around.

Ask about update frequency and point of contact

Will you hear directly from your attorney or from a dedicated case manager handling day-to-day matters? Find out how often you can expect check-ins—weekly summaries, monthly status reports or immediate alerts when key events occur, like new evidence or court dates. A written communication plan clarifies who to contact (and when), turning legal uncertainty into peace of mind.

Verify accessibility options

Legal stress shouldn’t be compounded by language barriers or scheduling conflicts. If you prefer Spanish, confirm that “Se habla Español” applies not just to marketing materials but to every call, email and strategy session. Ask whether the firm offers after-hours or weekend video appointments, and whether attorneys can visit you at home or in the hospital if travel is difficult. The right lawyer meets you where you are—both literally and figuratively.

9. What is your approach to settling cases versus going to trial?

Deciding whether to settle a claim or take it to court is a balance of strategy, timing and confidence in your evidence. A seasoned accident injury lawyer will explore every avenue to secure fair compensation without the delay and uncertainty of a jury trial—but they’ll also be ready to stand up in front of a judge if insurers drag their feet or lowball your claim. Understanding how your attorney evaluates settlement versus litigation helps you know what to expect and ensures you’re working with someone who isn’t afraid to fight for you in the courtroom.

Explore negotiation tactics with insurers

Effective settlement negotiations start with preparation. Your lawyer should draft a clear, persuasive demand letter that outlines liability, damages and expected compensation, backed by medical records, expert reports and accident reconstruction findings. From there, common tactics include:

• Mediation or neutral evaluation: Bringing in an impartial mediator to facilitate realistic offers.
• Structured settlement proposals: Crafting payment plans or annuities that account for future medical care or lost income.
• Leverage deadlines and policy limits: Timing demands around an insurer’s premium renewal or trial-ready posture to create urgency.

A firm that masters these techniques can often resolve your case quickly and for an amount that reflects the full scope of your losses—avoiding the time and expense of a court date.

Assess trial experience and success metrics

Not every settlement discussion ends in agreement. If your insurer refuses to move off an unreasonably low figure, you need an attorney with courtroom chops. Ask about:

• Trial frequency: What percentage of cases does the lawyer actually take to trial? A higher rate can signal confidence in litigation skills.
• Verdict results: How many jury or bench verdicts have they won in cases like yours—and what were the award ranges?
• Local court familiarity: Success in Sarasota, Manatee or DeSoto County courts where each judge’s preferences and local jury profiles can impact outcomes.

Seeing real-world verdicts alongside settled figures gives you a clear picture of how your lawyer performs under the pressures of trial.

Clarify decision-making criteria

A transparent lawyer will explain the factors that guide the “settle or litigate” call, including:

• Strength of liability evidence: Clear video footage and witness statements can push toward trial readiness.
• Medical prognosis and future care costs: Cases with permanent impairment or expensive rehabilitation often demand stronger negotiation leverage.
• Client goals and tolerance for risk: Your personal deadlines, stress threshold and willingness to wait for a potentially larger award.
• Insurance company posture: An insurer’s history of settling, litigation track record and financial exposure under liability policies.

By laying out these criteria at the outset, your attorney ensures you’re aligned on strategy—so you know when a settlement offer truly meets your needs and when it’s time to go to court.

10. What additional resources and support do you offer clients?

When you’re recovering from an accident, legal strategy is only part of the equation. You deserve a legal team that cushions the process with practical support and helpful connections. From expert referrals to trauma counseling, the right lawyer goes beyond courtroom advocacy—making sure you have every tool to navigate medical, financial and personal challenges that follow an injury.

Access to expert networks

Building a strong case often hinges on specialized expertise. Top accident injury firms maintain relationships with:

• Medical specialists who can diagnose complex injuries and forecast long-term care needs
• Vocational experts to quantify lost earning capacity and verify your ability to work after recovery
• Accident reconstruction professionals who recreate collision scenarios with precision, helping to establish liability

By tapping into these networks, your lawyer spots weak points in the other side’s arguments and bolsters the evidence you need to secure full compensation.

Client care and advocacy services

Legal battles can take a toll on your mental health and overall well-being. That’s why a client-focused firm goes the extra mile with:

• Victim support coordinators who guide you through paperwork, appointments and insurance hurdles
• Referrals to trauma counselors or support groups specializing in accident recovery
• Dedicated case managers who track deadlines, handle routine questions and ensure nothing slips between the cracks

These services ease the logistical load, so you can concentrate on physical healing and emotional restoration.

Convenience features

Your time and mobility matter—especially if travel is painful or impractical. Look for a lawyer who offers:

• Home and hospital visits for initial interviews, medical record reviews or strategy sessions
• Flexible scheduling that accommodates early-morning or weekend meetings
• Secure video consultations to discuss case updates, review documents or prepare for depositions from wherever you are

These convenience features keep your case moving forward without adding stress to a situation that’s already challenging enough.

By choosing a law firm that delivers these value-added resources, you get more than a lawyer—you get a full support system that stands by you every step of the way.

Taking the Next Step with Confidence

Choosing the right accident injury lawyer is one of the most important decisions you’ll make during this challenging time. By asking these ten questions, you’ll gain a clear understanding of each attorney’s experience, fee structure and communication style. Armed with this insight, you can compare candidates objectively and select the lawyer who will advocate fiercely on your behalf.

Once you’ve narrowed your list to two or three promising attorneys, reach out for a no-cost, no-obligation consultation. Discuss your case details, review their answers, and see which one feels like the best fit. Remember, every reputable accident injury lawyer offers “no win, no fee” representation—so you only pay if they secure compensation for you.

Ready to get started? Schedule a free consultation with Fayard Law today and partner with an experienced team committed to fighting for your rights—without any upfront attorney fees.