What Questions Should I Ask My Car Accident Attorney?

June 26, 2025 | By O'Connor Acciani & Levy
What Questions Should I Ask My Car Accident Attorney?

A car accident of any kind can instantly throw your life into disarray. Injuries, missed work, doctor’s appointments, no vehicle, and uncooperative insurance companies can be overwhelmingly stressful, and the legal side of things can feel like another burden you’re not ready to carry.

That’s why hiring the right lawyer matters. But just hiring a lawyer isn’t enough. Knowing what questions to ask a car accident attorney during your consultation should give you the information you need to decide if they are a good match.

The right questions will also help you understand how your case is being handled, what to expect during each phase of the process, and how to protect your rights and your future. Whether you're sitting down for your free consultation or following up as your case progresses, here’s what to ask.

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Key takeaways

  • Clarify the full range of damages you may be entitled to recover
  • Learn what evidence will strengthen your claim and how to gather it
  • Confirm how your attorney communicates and how often you’ll get updates
  • Get clear on the fee structure so there are no surprises later
  • Find out how your attorney will help with medical bills, liens, and treatment
  • Ask if the firm has handled cases involving similar injuries, insurance disputes, or state laws
  • The best results come from a team that keeps you informed and puts your interests first
  • A trusted car accident attorney can advocate fiercely for your compensation and peace of mind

Ask the Right Questions Before You Hire

You’re not just hiring a firm—you’re hiring a partner in one of the most difficult moments of your life. You need to feel supported and respected. Above all, you should feel confident that the lawyer you choose will do everything they can to maximize your claim and fight for your full and fair recovery. Some questions to ask are:

How much experience do you have with car accident cases like mine?

Look for an attorney with real-world experience handling similar cases. That includes familiarity with your injury type, insurance issues, and how juries in your area tend to respond.

What kind of results have you achieved for other clients?

While past results don’t guarantee future outcomes, a pattern of high-value settlements or trial verdicts shows that your lawyer knows how to fight and win.

Will I have direct access to you throughout the case?

Some firms pass clients off after the initial consultation. Be sure your attorney will stay engaged from start to finish, and that an experienced team member will always be monitoring your case.

How many cases do you handle at one time?

An overloaded attorney may struggle to give your case the attention it deserves. Ask how they manage caseloads and ensure personalized attention.  Are they equipped to handle your case?

Questions About Settlements and Litigation

Justice Gavel And Question Sign

Most car accident claims don’t go to trial. They’re resolved through negotiation and settlement. Still, there are some very important things to ask:

Do you try cases in court, or do you mainly pursue settlements?

Some firms are known as "settlement mills," focused on quick turnarounds rather than maximum results. Trial lawyers are often more prepared to go the distance if necessary, and that can increase your settlement leverage. Ask how often they go to trial and what factors they consider before deciding to settle.

How do you handle negotiations with insurance companies?

Insurance adjusters often aim to settle fast and cheap. Your attorney should be ready to counter lowball offers and prepare a strong demand package based on evidence of your damages.

Do you think this case will settle or go to trial?

The answer will depend on many things, including the strength of your evidence, the insurance company’s willingness to negotiate, and how much compensation you’re seeking. A lawyer with trial experience may be better prepared to push for a fair settlement because they’re not afraid to take the case to court if needed.

Questions About Communication and Availability

Too often, clients feel left in the dark after they hire a lawyer. To avoid surprises, ask early on:

How will we communicate—and how often?

Some attorneys prefer email updates; others call. Ask if you’ll have a point of contact and how quickly you can expect a response to your questions.

Will I speak directly with you or someone else at your office?

In many law firms, paralegals or associate attorneys handle portions of the case. That is standard practice in most firms, and there’s nothing wrong with that, but you deserve to know who’s working on your case and how to reach them.

Will I be kept informed about important developments?

You should never be blindsided by a decision about your case. Ask how your lawyer ensures you’re part of the process, from settlement talks to court filings.

Money is often tight after an accident, and the last thing you want is surprise legal bills on top of all your other expenses. That’s why one of your first questions should be:

How do you charge for car accident cases?

Most personal injury attorneys work on a contingency fee basis. That means they only get paid if they win or settle your case. Ask about what percentage of the recovery they obtain for you will be used for their fees.

Do I have to pay any costs upfront?

Ask whether you’ll be responsible for filing fees, medical records, or expert witness costs, and whether these are paid upfront or deducted later.

Will I owe anything if we don’t win?

In some agreements, you’re not responsible for any costs if your case is unsuccessful. In others, you may still be on the hook for certain expenses. Make sure the fee agreement is clear before you sign.

Questions About Liability and Fault

Most personal injury cases rest on the question of liability: who was at fault, and how can that be proven? In many car accident cases, the answer isn’t black and white. One of your first questions should be:

How do you plan to prove fault in my case?

Start by understanding how your attorney will build a case for negligence. If the police report blames the other driver, that helps, but it may not be enough. Your lawyer may need to gather additional evidence, such as dashcam footage, witness statements, or expert analysis.

What if the other driver denies responsibility?

Some drivers—and their insurers—will do everything they can to shift blame or deny fault altogether. Ask your attorney how they’ll handle conflicting accounts and whether they’ve dealt with disputed liability cases before.

Could I be found partially at fault?

In most states, your compensation may be reduced if you’re partially responsible for the accident. This is called “comparative negligence.” Each state takes its own approach to shared fault. 

Ohio, for example, follows a modified comparative negligence rule, meaning you cannot recover damages if you’re found more than 50% at fault. Kentucky, on the other hand, allows recovery even if you’re mostly at fault, though your compensation will be reduced accordingly.

Ask your attorney if this could apply to your case and how they’ll respond if the insurance company tries to use it against you.

Get Clear on Your Compensation

One of the most common and pressing concerns after a crash is financial recovery. You may be wondering how much your case is worth, but a good attorney won’t promise a specific number right away. Instead, ask:

What types of damages can I recover in my case?

Compensation and judge's gavel.

Your lawyer should walk you through both economic and non-economic damages. This can include:

  • Medical bills (past and future)
  • Lost wages and reduced earning capacity
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life

Can you help estimate the value of my claim?

While no lawyer can guarantee a result, they should be able to give you a general sense of the potential value based on cases they’ve handled before, especially if your injuries are serious or life-altering.

Ask About the Timeline

It’s natural to want closure, especially if your injury has disrupted your life. But legal cases can take time. To manage your expectations, ask:

How long will my case take?

The timeline will depend on several things:

  • Whether the other driver admits fault
  • The type and severity of your injuries
  • How long it takes to reach maximum medical improvement (MMI)
  • The court’s calendar, if your case goes to trial

What are the key phases of a personal injury case?

From investigation and filing to negotiations and possibly litigation, your attorney should walk you through the roadmap. That way, you’ll know what to expect and when.

Questions About Evidence and How to Secure It

Strong cases are built on strong evidence. After an accident, time is of the essence when it comes to preserving documentation. Ask your attorney:

What evidence do you need from me to start building the case?

While every case is different, the most common types of evidence include:

  • Medical records and billing statements
  • Photographs of your injuries and property damage
  • Police or crash reports
  • Witness names and contact information
  • Documentation of missed work or wage loss

Do you assist with gathering this documentation?

You shouldn’t have to chase down paperwork alone. A good lawyer will help request the accident report and other records, interview witnesses, and even hire experts if needed.

Should I keep a journal of my recovery?

Pain levels, emotional struggles, sleep disturbances, and how the injury affects your daily life—these are details that often get forgotten over time. Your lawyer may advise keeping a personal journal to support your claim for pain and suffering.

Ask About Dealing With Insurance Adjusters

An insurance adjuster for the at-fault party may contact you within hours or days of the crash.

While many people assume the insurance companies will do the right thing and pay them fairly for their injuries, the opposite is almost always true. Their job is to protect the company’s bottom line, not your best interests. Before saying anything, ask:

Should I speak directly to the insurance company?

Most attorneys will tell you to let them handle all communication. Insurance adjusters may twist your words, ask misleading questions, or pressure you into a quick settlement. Letting your lawyer speak for you is the safest option.

What if the insurer asks for a recorded statement?

You’re not obligated to give one to the at-fault party’s insurer. The easiest and safest thing to do is to politely refer them to your lawyer. 

Can you help review or negotiate a settlement offer?

Yes, and they should. Your lawyer can review any offer for fairness, calculate what’s missing, and push back if the amount doesn’t cover your total damages.

Questions About How They’ll Support Your Recovery Beyond the Courtroom

Good representation doesn’t stop at paperwork. You deserve support throughout your physical and emotional recovery as well. Ask:

Can you help me get medical treatment or delay bills while my case is pending?

Some law firms work with providers who agree to treat injured clients on a “lien basis,” meaning they’ll wait to be paid from your settlement. This can be a huge relief if you’re uninsured or underinsured.

Can you help resolve billing issues or liens after the settlement?

Medical providers or health insurers may place liens on your recovery, seeking repayment from your award. Your attorney should help negotiate these liens to protect your final payout.

Can you help me find specialists or therapists for my injuries?

While lawyers don’t provide medical advice, many know which doctors are willing to treat accident victims and how to connect you with the right care team for your injury.

The Right Questions Help You Find the Right Advocate

Hand about to bang gavel on sounding block in the court room

Hiring a car accident attorney is one of the most important decisions you’ll make after a crash.

However, hiring someone isn’t the end. It’s the beginning of a working relationship that relies on trust, effective communication, and shared goals. The questions you ask up front shape everything that follows.

Every case has twists and turns. But the right attorney will guide you through the legal maze, help you understand your options, and fight for a resolution that reflects your true losses—physical, emotional, and financial.

If a negligent driver injured you or a loved one in Ohio or Kentucky, the experienced car accident attorneys at O'Connor, Acciani & Levy can help lift the weight of a legal dispute off of you. 

We’ve recovered tens of millions of dollars for car accident victims across Ohio and Kentucky. We offer compassionate, individualized support every step of the way because when we take on your case, your fight becomes our own. 

With over 200 years of combined legal experience, we know how to deal with insurance companies, pursue full compensation, and put your recovery first.

Whether you were hit by a distracted driver, injured in a multi-vehicle crash, or hurt in a rideshare accident, our attorneys are ready to help. You deserve answers. You deserve results. Let us fight for both.

Call us today at (513) 241-7111 or fill out our quick online form to schedule your free consultation.

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