Questions to Ask an Injury Lawyer Before You Sign
Short answer: Before you sign with any injury lawyer, ask four things: who will actually handle your case, how often you will hear from the firm, exactly what the fee and costs are, and what the timeline looks like. Get the answers in plain words and make sure the written agreement says the same thing. Below are the questions, why each one matters, and how we answer them at West Injury Law.
Why the questions matter more than the pitch
Most people hire a lawyer once in their life, usually while they are hurting, missing work and fielding calls from an adjuster. It is easy to sign the first agreement put in front of you. But the things that make the next year bearable or miserable are rarely in the advertising. They are in the answers to a few direct questions: who picks up the phone, who makes the decisions, and what comes out of the check at the end.
A good firm will answer every question below without hedging. If an answer is vague on the phone, it will not get clearer after you sign.
Questions about who handles your case
"Does a lawyer look at my case before you take it?"
You want to know whether a licensed attorney evaluates the claim at the start, or whether intake is handled entirely by staff and a lawyer appears later. Early attorney review catches deadline problems, coverage issues and fault questions before they cost you anything.
Our answer: An attorney reviews every case at intake. No case is accepted or turned away without that review.
"Who approves the demand and any settlement?"
The demand letter is the case on paper, and the settlement is the end of it. Ask who signs off on both. Under Rule 1.2 of the Utah Rules of Professional Conduct, the decision whether to settle belongs to you, the client. The question is who stands behind the recommendation you are given.
Our answer: An attorney approves every demand before it goes out and every settlement before it is recommended to you. You make the final call on whether to accept.
"Who else will work on my file, and what do they do?"
Paralegals and staff do real, necessary work on injury cases: gathering records, tracking bills, keeping clients updated. That is normal and good. What you want is a clear picture of who does what, so you know whom to call about a medical bill versus a question about strategy. We describe our team in Who Works on Your Case.
"Will you deal with the insurance companies, or will I?"
Some people keep getting adjuster calls long after they hire help. Ask when that stops.
Our answer: Once you sign, we handle all communication with the insurance companies. If an adjuster calls you, give them our number and hang up. Our guide on recorded statements to adjusters explains why that matters.
Questions about communication
Poor communication is one of the most common reasons clients become unhappy with a lawyer. Utah's ethics rules require a lawyer to keep the client reasonably informed about the status of the matter and to promptly comply with reasonable requests for information (Utah RPC 1.4). "Reasonably informed" is a floor, not a schedule. Ask for the schedule.
"How often will I hear from you, even when nothing is happening?"
Our answer: At least once a month, every month, for the life of the case. A quiet month still gets an update, even if the update is that we are waiting on records.
"If I call, how fast will someone call back?"
Our answer: Within 24 hours, and usually the same day.
"Can I text you?"
Our answer: Yes. We have a general text line, and the people working on your file have individual text lines. Many clients find a quick text easier than a phone call during a workday.
"Do you record calls?"
This is worth asking any firm. We record our calls. We do it so nothing you tell us gets lost, so the call can be summarized into your file, and so we can act on what you said quickly instead of waiting for someone to reconstruct it from memory. If you ever have a question about that, ask us.
"Can I talk to someone in Spanish?"
Our answer: Yes. Every client can reach someone at the firm who speaks Spanish. Hablamos Español.
For the full list of our standards, see How We Keep You Informed.
Questions about fees and costs
Utah requires a contingent fee agreement to be in a writing signed by the client. Under Utah RPC 1.5(c), the agreement has to state the percentage the lawyer receives in the event of settlement, trial or appeal, the litigation expenses to be deducted from the recovery, and whether those expenses are deducted before or after the fee is calculated. It must also clearly tell you about any expenses you will owe whether or not you win. At the end, the lawyer must give you a written statement showing the outcome and how your share was figured.
So ask, and then read:
- What is the percentage, and does it change if a lawsuit is filed?
- Who pays case costs such as records fees and filing fees while the case is open?
- Are costs taken out before or after the fee?
- Do I owe anything for costs if there is no recovery?
- Who handles medical liens and reimbursement claims against the settlement?
Our answer: Our fee is one-third of the recovery. We advance the case costs, and those costs are repaid from the recovery. You pay nothing up front, and no attorney fees unless we win. Your written agreement spells out the rest, and we are glad to go through it with you before you sign. More detail is in how much a personal injury lawyer costs in Utah and medical liens after an accident.
Questions about the timeline
"How long will this take?"
An honest lawyer will not give you a date on day one. The biggest variable is your medical treatment, because a claim cannot be valued fairly until you have finished treating or reached the point where you will not improve further. Ask the lawyer to explain the stages and what would make your case faster or slower. Our overview of how long a Utah settlement takes and the steps in a Utah injury case cover the typical path.
"What is my deadline?"
Ask the lawyer to name it. For most Utah injury claims, a lawsuit must be filed within four years (Utah Code 78B-2-307). If a government vehicle, road or employee is involved, a written notice of claim is due within one year (Utah Code 63G-7-402). Other claims have shorter limits. See our statute of limitations guide.
"Will you file a lawsuit if the insurer won't be reasonable?"
Most claims settle without one, but an insurer can usually tell whether a file is being built to be taken seriously. We are a boutique firm, and battle-ready: every claim is prepared from the start as if it may need to be filed.
Red flags worth noticing
- Nobody can tell you who will be working on your file.
- The fee is explained one way on the phone and another way in the agreement.
- You are pressured to sign before you have read the agreement.
- No one will commit to how often you will hear from them.
- Someone quotes you a case value before seeing your medical records.
Common questions
Is it rude to interview more than one lawyer?
No. A consultation is a two-way interview. You are choosing someone you may work with for a year or more.
Can I switch lawyers later if it isn't working?
Yes. Clients can change lawyers, though the first firm may claim part of the fee for work already done. See My Injury Lawyer Won't Call Me Back.
Do I have to come to the office to sign?
No. We offer free consultations by phone, video or in person, and documents can be signed electronically or in person.
Bring these questions to us or to anyone else you are considering. Call (801) 921-5134 or contact our legal team. Free consultation. No attorney fees unless we win. Hablamos Español.