Before you sign with an injury lawyer: the questions that separate one firm from another

The questions that tell you the most

Before you hire a personal injury lawyer, ask who will actually handle your case day to day, how much experience the firm has with your type of injury and accident, whether it files lawsuits and tries cases when an insurer will not pay fairly, exactly how the fee and expenses work, and how often you will hear from them. The answers matter less for their polish than for their directness. A lawyer who explains things plainly in the first meeting will usually keep doing so for the life of the case.

I am a founding partner at Garcia, Garcia & Mullen, and I represent people hurt in car, truck, motorcycle and rideshare crashes, falls on someone else's property, and families in wrongful death cases. I would rather you interview several lawyers, including me, and choose well than sign with the first name you see. This is general information to help you do that, not legal advice about your situation.

Start by confirming the basics

Lawyers who practice in Texas must hold a Texas law license, and the State Bar of Texas runs an online directory with basic information about attorneys licensed to practice here. It takes two minutes to look up the person you are meeting. While you are at it, check the firm's own website for who the attorneys are, what they actually practice, and where they meet clients. A firm that handles injury cases as a sideline to unrelated work is a different choice than one where injury claims are the core of the practice.

Ask whether the lawyer is admitted to federal court as well as state court. Many injury cases stay in Texas state court, but some, for example a claim against an out-of-state trucking company, can end up in federal court. I am admitted in Texas and in the Northern, Southern, Eastern and Western federal districts of Texas, so a case can follow the right court without changing hands.

Who will actually work on my file?

This is the question I would ask first if I were in your shoes. Some firms sign cases with a lawyer and then hand the file to staff you never meet. Ask who your main contact will be, who will negotiate with the insurer, who will appear in court if a lawsuit is filed, and how you can reach them when you have a question.

Ask also what knowledge the firm has inside it. Injury cases turn on medical records and on how the crash happened. At our firm, my partner Jim Mullen holds a Class A CDL and is a registered nurse with an ER trauma focus, and Gina Mullen, MD, serves as our emergency medicine consultant. That background shapes how we read a medical file and how we evaluate what a truck driver and carrier should have done. Another firm may bring different strengths; the point is to ask, and to hear a specific answer.

How will you build my case, and what if they will not pay?

A good answer describes an actual plan: obtaining the police report, photos, witness statements and medical records, identifying every party who may be responsible, waiting until your medical picture is clear before valuing the claim, presenting a documented demand, and negotiating. Then ask the follow-up that matters most: what happens if the insurer's best offer is not fair?

Insurers keep track of which firms will file suit and which will not. A firm that never files is negotiating without leverage. Our practice is to negotiate first and to file suit and litigate when a fair settlement is not offered. You do not need a lawyer who promises a trial, and nobody can promise you a result, but you want one who is prepared to go to court if that is what the case requires.

• Have you handled cases like mine: the same kind of accident and similar injuries?
• Who are all the parties that might be responsible here, and how will you find out?
• What evidence needs to be preserved right now, and who will request it?
• When will you value the claim, and how will you explain the number to me?
• If the offer is too low, will you file a lawsuit, and who will try the case?

The money questions to ask out loud

Most injury firms work on a contingency fee, but the details vary. Texas ethics rules require a contingency agreement to be in writing and to state how the fee is figured, any different percentages for settlement, trial or appeal, which expenses are deducted from the recovery, and whether expenses come out before or after the fee. Ask the lawyer to walk you through each of those lines in the agreement before you sign.

Ask who pays the expenses if there is no recovery, how medical liens and unpaid bills will be handled at the end, and what happens if you decide to change lawyers. I go through all of this in detail in my guide to what a personal injury lawyer really costs in Texas. The short version: you should leave the consultation able to explain the fee to a family member in your own words.

How will we stay in touch?

The most common complaint people have about lawyers is not the outcome; it is silence. Ask how often you will get updates, whether by phone, text or email, how quickly calls are returned, and what you should do if something changes, such as a new diagnosis, a surgery recommendation, or a letter from an insurer. Ask what the firm will need from you, too: treatment updates, bills, pay records, and honesty about prior injuries.

At our firm we commit to regular updates, returned calls and plain-language explanations of each step, and our phone line is answered around the clock. Whatever firm you choose, get a clear answer to this question before you sign. Pay attention, too, to how the consultation itself felt. If you were rushed, talked over or pushed toward a signature, that is a fair preview of the months ahead, and an injury case can last a long time. You should feel comfortable asking the same question twice.

Which deadlines apply to me, and what should I avoid doing meanwhile?

Every injury claim runs against a clock, and the general rule is not the whole story. A competent injury lawyer should be able to tell you in the first meeting which deadline most likely applies to your claim and what could shorten it. Claims involving a city, county or other government vehicle or property, for example, can require written notice much sooner than the general deadline for filing suit. Ask the lawyer to name the date they are working toward and to put it in writing once you hire them.

Ask, too, what you should and should not do while the case is open. The answers I give most often: keep every medical appointment and follow the treatment plan, do not give a recorded statement to the other side's insurer, do not sign medical authorizations or releases without review, keep posts about the accident and your activities off social media, and save every bill, letter and receipt in one folder. A lawyer who volunteers this guidance before you ask is a lawyer who is already thinking about protecting your claim.

Finally, ask what would make the lawyer decline the case. An honest answer, such as a fault problem or limited insurance, tells you a great deal about how candid that lawyer will be later.

Red flags worth walking away from

Some warning signs show up in the first conversation. Texas ethics rules generally prohibit lawyers from contacting accident victims in person or by phone to seek their case when the victim has not asked, and from paying non-lawyers to solicit clients. If someone you did not call shows up at the hospital or your door offering a lawyer, that is a reason for caution, not a convenience.

• A dollar figure for your case in the first meeting, before anyone has seen your medical records.
• Pressure to sign today, or a contract you are not given time to read.
• Vague answers about fees, expenses or who will work on your case.
• No willingness to file suit, or a habit of referring every litigated case to someone else.
• Encouragement to exaggerate symptoms, skip disclosure of prior injuries, or stop treatment early.
• A lawyer who cannot explain the basic deadlines that apply to your claim.

What to bring to a consultation, and what happens with us

Bring what you have and do not worry about what you do not. Helpful items include the police report or report number, photos of the scene, vehicles and injuries, your insurance card and the other driver's information, names of the doctors who have treated you, any letters or offers from an insurer, and a short timeline of what has happened since the accident. If you have been handling the claim yourself so far, bring your notes; I explain where that approach works and where it does not in handling your own injury claim in Texas.

With us, the consultation is free and confidential. We will tell you honestly whether we think you have a case, and whether we are the right fit for it. If you retain us, we notify the insurers, take over their calls, and start building the claim the same week. We represent people across Dallas and the surrounding counties, and if the adjuster has already called you, start with what to do when the adjuster calls after a Dallas car accident.

Questions people ask me