What to Ask a Personal Injury Lawyer During Your Initial Consultation

The first meeting with a personal injury lawyer is one of the most important steps you can take after an accident. That initial consultation is your chance to learn whether the lawyer is the right fit, to get a realistic read on the strengths and weaknesses of your claim, and to understand how the legal process will work. You’ll also learn about costs, timelines, and what the attorney will do (and what you’ll need to do) to pursue compensation. In this blog, we give you a practical guide with the key questions to ask during your initial consultation, what documents to bring, red flags to watch for, and answer common questions to help you walk into your consultation prepared and confident.

“An initial consultation is more than a meet-and-greet, it’s when you start building a legal team that will protect your future,” says Naperville injury attorney, John J. Malm. “Come prepared, be honest about your injuries and limitations, and expect a lawyer to evaluate the facts carefully before making promises.”

Before the Meeting: How to Prepare

Preparing for the meeting will help you get the most useful answers and show the lawyer you are organized, serious, and ready to act. Bring a concise timeline of events and copies of anything that relates to the incident.

Things to prepare and bring:

A written short timeline of the accident or incident (date, time, location, weather or lighting if relevant).
Police reports and incident numbers.
Medical records, emergency room notes, test results (X-rays, CT scans), and bills.
Photographs or video of the scene, vehicles, injuries, or conditions that caused a fall.
Names and contact info for witnesses, treating providers, and the other parties.
Insurance information for all vehicles, homeowners, or business insurance involved.
Any communications with insurers (letters, emails, recorded calls) and demand letters.
Notes about lost wages, days missed from work, and other financial impacts.

Bring physical or digital copies to the meeting and highlight the most important pages so they can be reviewed quickly.

Core Questions to Ask During the Consultation

During the consultation, aim to cover these core areas so you leave with clarity and a plan. Ask the question, then listen for specific, practical answers, not vague assurances.

About the lawyer and firm

How long have you handled personal injury cases, and how many similar cases have you taken to trial?
Do you personally handle my case or will it be passed to an associate or paralegal?
What is your experience with cases like mine (car crash, slip and fall, medical negligence, dog bite, etc.)?

Case assessment and strategy

What is your strategy for dealing with insurance companies?

Based on what I’ve told you, what are the main legal issues and potential defenses?
What evidence will you need to build my case?
What is the likely outcome range, both best-case and realistic-case scenarios?

Fees and costs

Do you handle cases on a contingency-fee basis? If so, what percentage do you take if we win?
Who pays for case-related expenses (expert witnesses, medical record retrieval, court filing fees) — and how are those reimbursed?
Will I get an itemized statement of costs and fees?

Timeline and communication

How long do you expect my case will take from now until resolution (settlement or trial)?
How will you communicate with me about the progress of my case?

How often will you update me on the case?
Who is my main point of contact at the firm?

Settlement vs. trial

Are most of your cases resolved by settlement, or do you take cases to trial when necessary?
At what point would you recommend settlement versus moving forward to trial?
How will you value my claim for current and future medical costs, pain and suffering, and lost wages?

Practical next steps

What do you need from me in the first 30 days?
Are there things I should stop doing (e.g., posting about the case on social media, discussing the case with others)?
If I have more evidence later, how will we add it to the record?

Questions About Liability and Damages

It’s important to understand who might be at fault and what kinds of compensation you can seek.

Liability-focused questions:

Who do you believe may be legally responsible for my injuries and why?
Are there any shared-fault issues we should consider?
What statutes of limitations apply to my case?

Damage-focused questions:

What types of damages might be available (medical bills, pain and suffering, lost income, future care, loss of consortium)?
How do you calculate non-economic damages like pain and suffering?
Can you help with liens and subrogation claims from insurers or healthcare providers?

Evidence, Experts, and Investigation

A case is only as strong as the investigation supporting it. Ask about what evidence the firm will gather and whether experts will be needed.

Investigation questions:

Will you obtain the police report, traffic camera or surveillance footage, and other records?
Do you work with accident reconstructionists, medical experts, vocational experts, or economists?
When are experts typically hired, early in the case or later?

What to Expect After You Hire an Illinois Personal Injury Attorney

A clear roadmap reduces anxiety. Ask about routine procedures and what outcomes to expect.

Post-hiring process:

What is the first thing you will do for my case?
How long before you start formal discovery (interrogatories, depositions, requests for documents)?
When will you send an initial demand to the insurance company?

Client responsibilities:

Continue following medical advice and attend all appointments.
Keep a diary of symptoms, medical visits, and daily limitations.
Maintain proof of lost wages and any out-of-pocket costs.

Red Flags to Watch For

Not all firms are created equal. Be alert to warning signs that a lawyer might not be the right choice.

Red flags:

Guarantees of a specific dollar amount or promise of winning. No lawyer can ethically guarantee results.
Lack of clear fee agreement or evasiveness about costs.
Poor communication during the consultation or difficulty scheduling follow-ups.
High-pressure tactics to sign immediately without answers to your questions.

Frequently Asked Questions about Personal Injury Case Consultations

Q: How much does an initial consultation cost?
A: Many personal injury lawyers offer free initial consultations. Confirm up front whether there’s a charge and whether the consultation will include a case review or only general advice.

Q: Will I have to go to court?
A: Most personal injury cases settle before trial, but your lawyer should prepare as if the case could go to trial. Discuss the lawyer’s trial experience and willingness to try your case if necessary.

Q: How long will my case take?
A: Every case is different. Simple liability claims may settle within months; complex cases involving catastrophic injury or disputed liability can take a year or more. Your lawyer should give a realistic timeline based on the specifics.

Q: What if the insurance company offers money immediately?
A: Be cautious about early settlement offers. Your initial medical treatment may not be complete, and early offers often undervalue long-term needs. Ask your lawyer before signing anything.

Q: Can I sue if I was partially at fault?
A: Illinois allow recovery even if the injured person shares fault, but the recovery may be reduced. Ask your lawyer how comparative negligence rules apply to your situation.

Q: How are medical liens handled?
A: Medical providers or insurers may place liens on your recovery. A knowledgeable lawyer will negotiate those liens and help ensure you receive a fair net recovery.

Practical Checklist

Use this short checklist the day of your consultation so you don’t forget the essentials.

Bring copies (or photos) of all relevant documents.
Bring a list of questions (use the sections above as a template).
Be prepared to explain medical symptoms and daily impacts.
Avoid public social media posts about the accident.
Ask for a clear fee agreement and written contact plan.

Contact the Dedicated Illinois Personal Injury Attorneys at John J. Malm & Associates

Choosing the right lawyer after an injury is a decision that affects your recovery, finances, and future quality of life. Your initial consultation should leave you with clear answers: what the lawyer thinks your case is worth, how they will pursue compensation, what costs are involved, and how communication will be handled. If you want an experienced team that will evaluate your case honestly, protect your rights, and aggressively pursue the compensation you deserve, we’re ready to help.

Contact John J. Malm & Associates today to schedule your free, no-obligation consultation. Bring the documents and notes outlined above, and we will review your case with the care and attention it deserves. We handle cases across Illinois and are committed to guiding you through every step of the process, from investigation and negotiation to trial if necessary. Let us put our experience to work for you.