5 Tough Questions to Ask Your Texas Personal Injury Lawyer Before Hiring Them

5 Tough Questions to Ask Your Texas Personal Injury Lawyer Before Hiring Them

You have been hurt in a Texas accident. Your car is wrecked, your back hurts, and the medical bills are already piling up on the kitchen counter. You know you need a lawyer, but the idea of finding one feels overwhelming.

You see billboards on I-35 and commercials on daytime TV promising huge piles of cash. But how do you know who is actually good?

Remember this: An initial consultation is a job interview. You are the boss, and you are interviewing the lawyer to see if they are good enough to work for you.

Most people just ask, "How much is my case worth?" A bad lawyer will give you a high number just to get you to sign. A good lawyer will tell you the truth: "It’s too early to know."

To really find out if a lawyer is right for you, you need to ask tougher questions. Don't be afraid to put them on the spot. A quality attorney will appreciate that you are taking this seriously.

Here are the five tough questions you must ask before signing any paperwork.

1. "I know you work on a contingency fee, but who pays the 'case costs' if we lose?"

Why this is tough: Almost every personal injury lawyer in Texas works on a "contingency fee." This means their fee is a percentage (usually 33% to 40%) of the final settlement. If you don't win, you don't pay that percentage.

However, there are other costs besides the lawyer's fee. These include court filing fees, payments for medical records, and hiring expert witnesses. These can add up to thousands of dollars.

The answer you want: You want a lawyer who says, "We advance all those costs. If we don't win your case, you owe us absolutely nothing—not a fee, and not the costs." Be very careful if a lawyer expects you to pay these costs out of your pocket if you lose.

2. "How many cases similar to mine have you actually taken to a jury trial in the last three years?"

Why this is tough: Many lawyers call themselves "trial lawyers" but haven't stepped foot inside a courtroom in years. They prefer to settle cases quickly and move on to the next one.

Insurance companies know who these lawyers are. If the insurance company knows your lawyer is afraid of going to trial, they will offer you less money because they know your lawyer will eventually fold.

The answer you want: You want specifics. If you were hit by an 18-wheeler, ask about their recent truck accident trials. Even if you want to settle your case outside of court, you need a lawyer who is willing and able to go to trial if the insurance company plays games.

3. "Will you personally be handling my case, or will it be passed off to a junior associate or paralegal?"

Why this is tough: This is the classic "bait and switch." You meet with the experienced partner whose name is on the door, you like them, and you hire the firm. Then, you never hear from that person again. Your case is handed off to a brand-new lawyer right out of school.

The answer you want: It is normal for paralegals and junior lawyers to do a lot of the groundwork. That keeps costs down. But you want assurance that the experienced attorney you met with will be the one making the major strategy decisions, negotiating the final settlement, and communicating with you regularly.

4. "What is your policy on returning phone calls and emails?"

Why this is tough: The number one complaint people have about lawyers is poor communication. "My lawyer never calls me back!" holds up more cases than almost anything else.

Asking this question sets expectations right at the start. It tells the lawyer that being ignored is a dealbreaker for you.

The answer you want: Look for a concrete policy. A good answer is, "We return all calls within 24 business hours," or "You will get a status update email every two weeks, even if nothing has changed." If they give a vague answer like, "Oh, we try our best," that is a red flag.

5. "What do you see as the biggest weakness in my case right now?"

Why this is tough: No case is perfect. Maybe you waited three days to go to the doctor after the crash. Maybe you had a prior back injury ten years ago. The insurance company will use these things against you.

A lawyer who just tells you everything is perfect is trying to sell you something. You need a realist who is prepared for a fight.

The answer you want: An honest assessment. You want a lawyer who says something like, "The fact that you didn't go to the ER right away is a weakness. The insurance company will argue you weren't really hurt. Here is how we are going to overcome that argument..."

Conclusion

Hiring a personal injury lawyer in Texas is one of the most important financial decisions you will ever make. Don't be intimidated. You have the right to ask hard questions to protect your future.

Any lawyer who gets offended by these questions is not the right lawyer for you. The best lawyers will respect you for asking them.