10 questions to ask a personal injury lawyer before hiring
Ten questions to ask a personal injury lawyer in Florida, from fees and liens to who handles your case, plus the green flags and red flags to listen for.
By Jake BestAttorney, Sunshine State Law Firm
Hurt because someone wasn’t careful? Talk to an attorney for free. No fee unless we recover.
The most useful questions to ask a personal injury lawyer are practical ones: who will handle your case day to day, how you'll get updates, exactly how the fee and costs work, how medical bills and liens get paid, and what happens if there's no recovery. Specific, honest answers to those questions tell you more than any ad.
Write these questions down, bring them to your free case review, and jot the answers next to each one so you can compare. Our guide on how to choose a personal injury lawyer in Florida covers the bigger picture. This post is the checklist for the meeting itself.
10 questions to ask when hiring a personal injury attorney
1. Who will actually handle my case day to day?
At some firms you meet a lawyer once and then hear only from rotating staff. Most good firms work in teams, but you deserve to know who's on yours: your attorney, your day-to-day contact, and who will negotiate with the insurer.
A good answer names real people and explains what each one does. At our firm, you'll know your attorney and your case manager by name from the first week.
2. How and how often will you update me?
Silence is the most common complaint people have about lawyers. Quiet stretches are normal while you treat and the insurer reviews, but you shouldn't have to wonder whether anyone is working on your file. Ask how updates happen (phone, email, text), how often, and how quickly messages are returned.
A good answer sets a concrete expectation, like a regular check-in and a named person you can text with questions.
3. How does your contingency fee work?
Most Florida injury lawyers work on a contingency fee, meaning the fee is a percentage of what's recovered and you pay nothing up front. The details are where people get surprised, so ask:
- What is the percentage, and does it change if a lawsuit is filed or the case goes to trial?
- What are case costs (filing fees, medical records, expert reports), and who advances them?
- Are costs taken out before or after the fee is calculated? On the same settlement, that choice changes what you take home.
- Will I get a written breakdown of every deduction before I agree to a settlement?
Florida Bar rules give you real protections here. A contingency fee agreement must be in writing and signed, you must receive a written statement of client's rights, and you can cancel within three business days of signing without owing a fee. Florida Bar rules also cap contingency fees on a schedule that generally rises as a case moves into litigation.
A good answer walks you through the agreement line by line and lets you take it home to read.
4. How much experience do you have with cases like mine?
A slip and fall, a rideshare crash and a wrongful death claim each turn on different evidence and different insurance rules. Ask what share of the lawyer's practice is personal injury and how often they handle your kind of case. Be cautious with anyone who calls themselves a "specialist" or "expert." In Florida, lawyers generally can't use those words unless they hold Florida Bar board certification in that area, and you can check.
A good answer is specific about the cases they handle and honest about where your case fits.
5. Are you prepared to take my case to trial?
Most injury claims settle without a trial. But insurers notice which lawyers prepare for court and which ones always settle. Ask whether the lawyer tries cases and builds each one as if it might reach a jury.
A good answer explains how they decide when to settle and when to file suit, and makes clear that the final decision to accept an offer is always yours.
6. How long will my case take?
No honest lawyer can give you a date. Timing depends on your medical treatment, the insurer, and whether a lawsuit is needed. A lawyer can describe the stages: investigation, treatment, a demand to the insurer, negotiation, and possibly litigation.
A good answer gives you a realistic range for each stage and the deadlines that apply to you. For most Florida negligence cases since March 2023, that includes a two-year window to file a lawsuit.
7. What do you need from me?
Your role matters more than most people expect. Ask what documents to gather, how to keep track of medical visits and missed work, and what to avoid. Common answers include keeping every appointment, not posting about the accident on social media, and sending insurance letters to your lawyer instead of responding yourself.
A good answer is a short, clear list, so you know how to help your own case.
8. How will medical bills and liens be handled?
A lien is a legal claim on part of your settlement by someone who paid for your care, such as a health insurer, Medicare, Medicaid or a hospital. Liens have to be resolved before you're paid, and they can take a real bite out of a settlement if no one challenges them.
Ask how the firm finds liens, whether they negotiate them down, and how they handle providers who wait for payment until the case ends.
A good answer shows they treat lien work as part of the job, because what matters is what reaches your pocket, not the headline number.
9. Can I work with your team in Spanish?
If Spanish is the language your family is most comfortable in, ask whether you can work with the firm in Spanish from the first call to the final paperwork, including updates and the settlement breakdown, not just an interpreter at one meeting.
A good answer is a plain yes, with names. At Sunshine State Law Firm, our team works with clients in English and Spanish every day, and Gabriela regularly walks families through their cases in Spanish.
10. What happens if we don't recover anything?
This is the question people feel awkward asking, and it's one of the most important. Ask whether you'd owe a fee, whether you'd owe the case costs the firm advanced, and what happens if the firm decides partway through not to continue with your case.
A good answer matches what's in the written agreement. For us, it's simple: no fee unless we recover for you.
Green flags and red flags
Listen to how a lawyer answers, not just what they say:
| Green flags | Red flags |
|---|---|
| Names who will handle your case | Vague answers about "the team" |
| Explains the fee, costs and liens in writing | Guarantees a result or a dollar amount |
| Gives you time to read the agreement | Pressures you to sign on the spot |
| Talks honestly about weak spots in your case | Says your case is a sure thing |
| Gives realistic timelines without promises | Promises a fast settlement |
| You reached out to them | They contacted you uninvited right after your accident |
That last row is worth explaining. Florida Bar rules prohibit lawyers from soliciting injured people in person or by phone, and they bar written solicitations about a personal injury or wrongful death claim within 30 days of the accident. If someone shows up at the hospital or calls out of nowhere offering to take your case, that's a reason to walk away.
How to check a lawyer's standing
The Florida Bar's online lawyer search shows whether a lawyer is licensed and eligible to practice in Florida, any public discipline on record, and any board certification. It takes two minutes. You can also read about the attorneys at Sunshine State Law Firm and the injury cases we handle before you call.
Frequently asked questions
Is it rude to ask a lawyer these questions?
Not at all. A good lawyer expects them. You're deciding who to trust with your health records, your finances and months of your life. If a lawyer seems annoyed by direct questions about fees or communication, that tells you something about how the rest of the case may go.
Should I meet with more than one personal injury lawyer?
It's reasonable to meet with two or three. Free consultations make comparing easy. Use the same questions with each one and compare the answers side by side. Pay attention to who listened, who explained things clearly, and who was honest about the challenges instead of telling you only what you wanted to hear.
The right lawyer will make things clearer from the first conversation. Bring these 10 questions to your free case review, listen for specific answers, and trust your instincts about who will be straight with you. There's no pressure, and no fee unless we recover for you.

Written by
Jake Best, attorney
Orlando native and former prosecution intern. Negligence and premises cases.
Read Jake’s bioThis article is general information about Florida law, not legal advice for your situation. Laws change, and every case is different. Reading it doesn’t create an attorney-client relationship.



