What to do after a car accident: choosing a lawyer

Lawyer checks for what to do after a car accident start before you hand over the crash report or sign a retainer. This page does not rank firms, including a partner who calls you from this site. The disclosure at the top is how that introduction is paid for.

Do you need a lawyer at all?

You can talk to your own insurer, file a state crash form, and keep the records without hiring anyone. What to do in the first hours after a car crash is that work.

A lawyer becomes useful when the deadline is short, fault is disputed, injuries are still being treated, or an insurer asks for a recorded statement you do not want to give alone. None of those facts means you have to hire the first person who calls.

How the fee usually works

The FTC hiring page describes three common arrangements: hourly, flat, and contingency. After a crash, many lawyers offer a contingency fee. You pay a percentage of the money recovered if the case succeeds. If there is no recovery, the lawyer does not get that fee. You may still owe expenses such as filing fees, depositions, and expert witnesses.

The American Bar Association fee page says that percentage is often one-third to forty percent of the amount recovered. It also says you should understand whether costs come out before or after the percentage is taken. There is no one standard number. The FTC says you can negotiate the size of the fee and a sliding scale.

ABA Model Rule 1.5 says a contingency fee agreement shall be in a writing signed by the client. The writing has to state the percentage for settlement, trial, or appeal, which expenses come out of the recovery, and whether those expenses come out before or after the fee is calculated. It also has to tell you which expenses you owe even if you do not win. Most states have enacted rules based on the Model Rules. The rule that binds a lawyer is the one in that state.

How to find a lawyer if you cannot pay

Ask for the full name of the lawyer who would appear on the case, and the state where they are licensed. Check that license on the state bar site. The FTC says to talk about updates, documents, and how you will exchange information, then get the agreement in writing.

If you cannot afford a private lawyer, your state or local bar referral service is the usual starting point. Legal aid programs have their own income limits.

Questions to ask before you sign

Ask these on the first call, and ask for the answers in writing.

• Are you a lawyer licensed in the state where the crash happened, and what is your bar number?
• Have you handled car-crash claims in this state, including claims against an insurer?
• Will this be a contingency fee, and what percentage applies at settlement, trial, and appeal?
• Which expenses come out of a recovery, and do they come out before or after your fee?
• What expenses would I still owe if there is no recovery?
• Who will handle the file day to day, and how often will I get an update?
• Do you need the police report, photos, and medical records before you talk about a claim?
• What happens if the insurer already asked me for a recorded statement?

Red flags

Any one of these is a reason to slow down.

• A promise that you will win money, or a named settlement amount, before anyone has seen the report. The court or the insurer decides those questions.
• A contingency arrangement that is not in a writing you sign. Model Rule 1.5 requires that writing.
• Pressure to sign on the first call, or a request for your Social Security number before you have agreed to hire them.
• A person who will not give a bar number or the state of licensure.
• A fee story that changes when you ask whether expenses come out before or after the percentage.

After you send the form on this site

If you asked for a call here, a partner personal injury lawyer may contact you. That call does not hire them. Read the fee paper the same way you would read one from a lawyer you found yourself. How long you have to file is the clock they should be able to explain for your state. Whether to talk to the other driver's insurer is the other call that often arrives first.