Start by asking whether they have handled cases like yours
A lawyer who has won cases involving spinal cord injuries is not necessarily the right fit if you have a severe traumatic brain injury. Catastrophic injuries are not interchangeable—the medical complexity, the long-term care costs, the way damages are calculated, and the way insurance companies defend these cases all differ sharply. Ask the lawyer directly: "How many cases have you taken to trial or settlement involving [your specific injury type]?" Listen for a number, not a vague answer about "extensive experience."
Follow up by asking what the outcomes were. You want to know whether they settled cases, took them to trial, and what the range of awards or settlements looked like. If they hesitate or give you a general answer about "each case being unique," that is a signal to keep looking. A lawyer who has genuinely handled your injury type will have concrete examples they can walk you through without needing to protect client confidentiality—they can describe the injury, the liability situation, and the result in general terms.
Key Takeaways
- Ask whether the lawyer has handled multiple cases involving your specific injury type, and request concrete examples of outcomes they achieved.
- Find out how they charge—whether it is contingency (they take a percentage of what you win), hourly, or a combination—and what costs you may owe upfront.
- Ask who will actually work on your case: the lawyer you meet, or associates and paralegals, and how often you will hear from them directly.
- Understand their timeline expectations: how long cases typically take, when they expect to file suit, and what happens if the case goes to trial.
- Ask what they think the case is worth and what factors could change that number, so you know whether their estimate is realistic or inflated.
Understand exactly how they charge and what you will owe
Most catastrophic injury lawyers work on contingency, meaning they take a percentage of what you win—typically 25 to 40 percent—and you pay nothing upfront. But "contingency" does not mean free. Ask what costs you are responsible for even if you lose: court filing fees, medical record requests, informed witness fees, deposition transcripts, and investigation costs. Some lawyers advance these costs and deduct them from your settlement; others bill you directly. Get this in writing before you sign anything.
Ask also whether the percentage they take changes if the case settles early versus going to trial. Many lawyers charge a lower percentage for early settlement and a higher one if they have to litigate. Ask whether they charge a separate fee for appeals, and whether they handle appeals themselves or refer you to another firm. If you do not understand the fee structure after they explain it, ask them to write it down in plain language. Do not sign a contract you cannot read and understand completely.
Ask who will actually be working on your case
You may meet with a partner or senior attorney, but your day-to-day work may be handled by an associate, a paralegal, or a case manager. This is not necessarily bad—many firms have excellent associates—but you need to know upfront. Ask: "Will you be the primary attorney on my case, or will someone else handle most of the work?" and "How often will I hear from you directly versus from your team?"
Ask also about the firm's size and structure. A solo practitioner may give you more direct access but may struggle with the volume of work a catastrophic case requires. A large firm may have more resources but less personal attention. Neither is wrong, but you should know what you are getting. Ask how many catastrophic injury cases the firm is currently handling, because a lawyer juggling 50 cases will not give your case the same focus as one handling 10. Ask also what the typical response time is for client calls and emails—whether you can expect a reply within a day or whether it takes a week.
Get a realistic timeline and understand what "going to trial" actually means
Ask how long cases like yours typically take from hiring to settlement or verdict. The answer will vary—some settle in a year, others take three to five years. But a lawyer who says "we will have this wrapped up in six months" is either inexperienced or not being honest. Catastrophic injury cases are complex and insurance companies do not move fast. A realistic lawyer will tell you what the typical timeline is and what factors could make yours faster or slower.
Ask also what percentage of their cases settle versus go to trial. If they say nearly all settle, ask why—is it because they are skilled negotiators, or because they take only strong cases? If they say they take many to trial, ask what that means for your timeline and costs. Trial adds months and can add tens of thousands in informed fees. Ask whether they have actually tried cases in front of a jury, not just handled trials in general. There is a real difference between a lawyer who has won jury trials and one who has mostly settled cases or tried bench trials (judge only).
Ask what they think the case is worth and how they arrived at that number
A lawyer should be able to give you a range—not a may provide, but a realistic estimate based on similar cases. Ask: "What do you think this case is worth, and what factors could change that?" Listen for specifics: the cost of your lifetime care, your age and earning capacity, the strength of liability, the insurance limits available, and how juries in your area typically value pain and suffering.
Be wary of a lawyer who quotes a very high number without explaining how they got there. Be equally wary of one who says "it depends entirely on the jury" and refuses to give any estimate. A good lawyer will walk you through the math: X dollars for medical care over Y years, plus Z for lost wages, plus a multiplier for pain and suffering. If their estimate seems inflated compared to what you have read about similar cases, ask them to justify it. If they cannot, that is a warning sign that they may be overselling to get your business.
Ask about their relationship with medical experts and how they build your case
Catastrophic injury cases live or die on medical evidence. Ask the lawyer: "What doctors and specialists do you typically work with for cases like mine?" and "Who pays for their reports and testimony?" A lawyer with established relationships with credible experts can move faster and often at lower cost than one who has to hunt for experts on each case. Ask also whether the experts they work with are well-regarded in their field and whether they have testified in court before.
Ask also how they investigate liability—the question of who was at fault. Do they hire accident reconstructionists? Do they obtain police reports, witness statements, and video footage? Do they have investigators on staff or do they contract out? For a catastrophic case, thorough investigation is not optional. If a lawyer seems vague about their investigation process or says they will "see what comes up," that is a problem. You want someone who will be proactive about building the strongest case possible.
Ask what happens if you disagree about settlement
Most contingency agreements give the lawyer significant say in whether to settle, but you have the final say on whether to accept an offer. Ask: "If I want to turn down a settlement offer and you think I should take it, what happens?" and "Can you withdraw from the case if we disagree?" You want to know whether you are locked in with a lawyer you no longer trust, or whether you can part ways. Ask also whether the lawyer has ever turned down a settlement they thought was too low, and what the outcome was. This tells you whether they are willing to push back against insurance companies or whether they settle quickly to close cases.
Understanding this upfront prevents conflict later. You need a lawyer who will fight for what you believe the case is worth, not one who will pressure you to take the first offer that comes along. Ask also how they communicate settlement offers to you—whether you get the full details in writing and have time to think, or whether they expect a quick decision.
Frequently Asked Questions
Should I hire the lawyer with the biggest firm or the most famous one?
Not necessarily. Size and reputation matter less than specific experience with your injury type and a lawyer who will actually work on your case. A smaller firm with deep informed in spinal cord injuries may serve you better than a large firm known for catastrophic cases in general. Ask about their track record with your specific injury, not their overall reputation.
What if a lawyer promises a specific dollar amount?
Walk away. No honest lawyer can may provide an outcome. They can estimate based on comparable cases, but a promise of a specific number is a red flag. It suggests they are overselling to get your business, not giving you realistic expectations.
Can I hire a lawyer who has never tried a case to a jury?
You can, but understand what you are getting. A lawyer who settles most cases may be excellent at negotiation but may not have the trial skills you need if settlement fails. Ask directly whether they have jury trial experience and what their record is. If they do not, ask whether they would bring in a trial specialist if your case goes to court.
How do I know if a lawyer is being honest about timeline and cost?
Ask them to explain their reasoning step by step. A lawyer who says "cases like yours take two to three years because of X, Y, and Z" is being more honest than one who gives a vague timeline. Ask also whether they have handled cases similar to yours recently—if they have, they can speak from actual experience, not theory.
What should I do if I feel pressured to hire quickly?
Take your time. There is a statute of limitations on filing suit, but you have months or years depending on your state and the type of injury. A good lawyer will not pressure you. If a lawyer is pushing you to sign when ready, that is a sign to interview other lawyers before deciding.