Hiring a Phoenix Personal Injury Attorney — What Should I Ask?

The personal injury attorney you hire is probably the most important factor in determining how much money you recover for your injuries. Not all attorneys are created equal. Here are the questions you should ask — and what the right answers sound like.

“Have you taken cases to trial?”

This is the most important question. Many personal injury firms are “settlement mills” — they take on high volumes of cases and settle every one without ever stepping into a courtroom. Insurance companies know which firms never go to trial, and they offer those firms less because there’s no credible threat of a jury verdict.

What you want to hear: Specific examples of trials. Verdicts. Courtroom experience. At Law Badgers, every attorney has tried cases. We’ve argued before the Ninth Circuit Court of Appeals and are admitted to the United States Supreme Court. That’s not decoration — it’s leverage.

“Who will actually handle my case?”

At large firms, the attorney you meet during the consultation may never touch your case again. It gets handed off to paralegals, junior associates, or case managers. There’s nothing wrong with delegation, but you should know who’s doing the work.

What you want to hear: A clear answer about who your primary contact will be, how often you’ll receive updates, and whether the named attorney will be personally involved in strategy and negotiations.

“What is your fee structure?”

Personal injury attorneys work on contingency — you pay nothing unless you win. The standard contingency fee is 33% of the settlement, or 40% if the case goes to trial. Some firms also charge for expenses (filing fees, expert witnesses, medical record requests) on top of the contingency fee.

What you want to hear: A transparent explanation of the fee percentage, whether expenses are deducted before or after the fee is calculated, and what happens if the case is unsuccessful. At Law Badgers, if we don’t win, you owe us nothing.

“What do you think my case is worth?”

Be cautious of any attorney who gives you a specific dollar figure at the first meeting. They don’t have enough information yet. A responsible attorney will explain the types of damages available, the factors that affect value, and what additional information they need before providing a range.

What you want to hear: An honest answer like “It’s too early to say, but here’s how we evaluate it…” not an inflated number designed to sign you up.

“How do you communicate with clients?”

Communication breakdowns are the number one complaint about lawyers. You should know how the firm communicates — phone, email, text — how quickly they respond, and how often you’ll get status updates.

What you want to hear: A specific commitment. “We return calls within 24 hours” or “You’ll get a written status update every two weeks.”

“What is your experience with cases like mine?”

Personal injury is broad. A lawyer who handles mostly slip and fall cases may not be the best choice for a complex rideshare accident or products liability claim. Ask about their experience with your specific type of case.

Trust Your Instincts

Beyond the questions, pay attention to how the attorney treats you. Do they listen? Do they explain things in plain language? Do they seem genuinely interested in your case, or are you just another file number? You’re going to be working with this person for months or years. The relationship matters.

The Law Badgers offer free consultations. Ask us anything — we’re confident in our answers.