10 Questions to Ask a Personal Injury Lawyer Before Signing

You’re on the couch. Neck brace on, ice pack sliding off your shoulder, phone buzzing with a number you don’t recognize. It’s the firm from the billboard, the one with the guy pointing at you from the side of a bus. They want to send someone to your house tonight with a retainer.

Take a breath. Don’t sign tonight.

The lawyer whose face is on the bus stop outside your hospital is not necessarily the one who’ll handle your case. Before you hand over up to a third of your recovery, you get to ask a Michigan personal injury lawyer some hard questions. Good firms expect it. Bad firms flinch.

A note on that phone call: Michigan’s ethics rules generally bar lawyers from soliciting clients in person or by phone when they have no prior relationship and are after a fee (MRPC 7.3). If a firm you never contacted is calling you or showing up at your door, treat that as information about the firm.

Do you have to sign with a lawyer right away?

No. You have time to interview. In Michigan, the most urgent early deadline is the No-Fault PIP rule (PIP is the personal injury protection benefits paid by your own auto insurer): you must give your auto insurer written notice of your injury within 1 year of the crash, and you can only recover PIP losses incurred in the year before you file suit (MCL 500.3145). Most injury lawsuits must be filed within 3 years (MCL 600.5805(2)). Claims against a government agency, such as a city bus or a pothole, can need written notice within 120 days, so mention any government vehicle or road right away (see hurt by a bus, pothole or city truck?).

That’s plenty of time to interview a lawyer properly. It is not a reason to sign the first contract shoved across your kitchen table.

The firm with the biggest TV spend isn’t necessarily the firm that will fight for you. They’re the firm that can afford TV. Those are different things. (More in billboard firm vs. boutique.)

Here are the ten questions. Ask every one. Write the answers down.

What are the 10 questions to ask?

1. How many of these cases have you actually tried to verdict?

Settling is fine. Most personal injury cases settle. But insurance adjusters notice which firms will go the distance and which take the first offer to clear the desk. (That habit is behind a lot of lawyers pushing clients toward a low settlement.)

Green flag: “I’ve tried X cases in the last five years, and here are two I can tell you about.” Red flag: “We settle everything. Trial is too risky for you.” (Translation: we don’t do trials.)

2. How many open files does the handling attorney have right now?

There’s no magic number, but a lawyer carrying hundreds of open files can’t give each one much attention. Your case becomes a folder in a stack.

Green flag: A specific number, and an answer that shows they’ve thought about it. Red flag: “We don’t track it that way.” They do. They just don’t want to tell you.

3. Who actually handles my file day-to-day?

This is the big one. At many high-volume firms, you’ll be assigned a case manager, not a lawyer, and you may rarely speak to the attorney whose name is on the sign.

Green flag: “I will. Here’s my direct line. A paralegal will help with records.” Red flag: “Our intake team will route you to your case manager.” Ask again. Get a name.

4. What’s your settlement-to-verdict ratio?

Related to Question 1, but sharper. A firm that never tries cases has less leverage. A firm that claims to try every case is probably exaggerating. You want someone who knows when to do which.

Green flag: An honest split, with reasoning. Red flag: Deflection, or “every case is different” with no numbers behind it.

5. What’s the contingency percentage, and does it change?

In Michigan personal injury and no-fault cases, MCR 8.121 caps the fee at one-third of the net recovery. A fee above that is treated as clearly excessive, even if the case goes to trial. (The exception is attorney fees a court separately awards against an insurer, such as no-fault fees under MCL 500.3148.) Get the number in writing. Michigan requires a written agreement and a copy for you.

Green flag: One-third or less, explained clearly, with MCR 8.121 mentioned. Red flag: A sliding scale that climbs above one-third at trial, or terms you don’t understand by the end of the meeting.

6. What costs get deducted from my settlement, and when?

Case costs such as filing fees, expert witnesses, deposition transcripts and medical record retrieval come out of the recovery, separate from the fee. On a big case, costs can reach five figures.

Green flag: “Costs come off the top, and our one-third is calculated on what’s left.” In Michigan injury and no-fault cases, that’s what MCR 8.121(C)(1) requires. Red flag: “Don’t worry about it, we handle all that.” You’ll worry about it on settlement day. Ask for a sample closing statement. For a full walkthrough, see how Michigan PI contingency fees really work.

7. How often will I hear from you, and how?

Not hearing from their lawyer is one of the most common complaints clients have. Set the expectation now. (If it’s already happening, read when “my lawyer won’t call me back” becomes a red flag.)

Green flag: A specific cadence: “monthly update calls, 48-hour email response, text for urgent items.” Red flag: “We’ll call when there’s news.” There’s often no news for six months.

8. Will you refer my case to another lawyer?

Some firms sign cases and hand them to other attorneys, sharing the fee. That’s allowed in Michigan if you’re told about all the lawyers involved and don’t object, and the total fee is reasonable (MRPC 1.5(e)). The total is still capped at one-third of the net. You should know up front.

Green flag: A straight answer: who will work on your case, and how the fee is shared. Red flag: Vagueness about who will actually handle your case.

9. Do you carry malpractice insurance?

Michigan does not require attorneys to carry malpractice insurance. Ask.

Green flag: “Yes, $X million in coverage.” Red flag: Any version of “I’ve never needed it.” That’s not the question.

10. What happens if I want to fire you?

You can discharge a lawyer at any time, with or without cause. The departing firm is paid the reasonable value of its work, usually through a lien on the eventual recovery, out of the same capped fee. (Details: will firing my lawyer cost me?)

Green flag: A plain-English explanation of how the fee would be split and a reasonable handoff process. Red flag: “You can’t, really,” or a retainer clause that claims to lock you in with penalties. And if you’re already signed with the wrong firm, it’s usually not too late to switch lawyers.

What is a “case manager,” and are they your lawyer?

No. A case manager is usually a non-attorney employee who handles your day-to-day calls, collects your medical bills and updates you on the file. They are often excellent at their job. They are not your lawyer.

If your whole relationship is with a case manager, and your lawyer’s voice is something you’ve only heard in TV ads, that’s a structural issue, not a personality one. Make sure you know, in writing, who is making legal decisions on your case.

How do you walk away from a high-pressure pitch?

Say you’re interviewing other firms and will call back. If someone shows up at your door with a retainer tonight, you are allowed to say: “I’m interviewing three firms this week. I’ll call you Friday.”

That’s the whole script.

A firm that respects you will hand you their card and leave. A firm that pressures you, guilts you, or tells you “the offer expires tonight” is showing you how they’ll treat you for the next two years. Believe them.

You have time. Use it. And if you’ve already signed and the answers to these questions worry you, get a free second opinion on your case.

This article is general information about Michigan law, not legal advice for your specific case.