7 Questions to Ask a Personal Injury Law Firm Before Hiring

Studies indicate that injured victims represented by an attorney generally obtain settlements that are much higher than those who represent themselves. In Arizona, the stakes are even higher because strict filing deadlines and complex lien rules can reduce or eliminate your compensation if you don’t handle them correctly.

Before you agree to a fee arrangement, you’ll need to ask the right questions. If you’re looking for a personal injury law firm in Arizona, you want one that is upfront about fees, communication, trial experience, and how they’ll maximize your recovery. During your initial consultation, use these seven questions to evaluate firms:

1. What Are Your Contingency Fee Percentages, and Are They Variable?

Most Arizona personal injury lawyers work on a contingency fee basis, meaning you pay nothing until they win your case. But it does vary by stage. If the case is settled before a lawsuit is filed, the market standard is typically 33⅓%, but this can increase to 40% or more if litigation or trial is required. Ask exactly when the fee goes up so there are no surprises.

2. If We Don’t Win, Who Pays For Case Expenses?

In order to pursue a claim, you will need to pay for medical records, court filings, expert witnesses, depositions, etc. In difficult cases, the cost can be $50,000 or more. Make sure your fee agreement states that all costs are advanced on a contingency basis. In other words, if the firm does not recover money for you, you owe nothing for fees and expenses.

3. Can You Look at My Case Regarding the 180-Day Deadline for a Government Claim?

The standard statute of limitations for bringing personal injury lawsuits in Arizona is two years. (A.R.S. § 12-542.) But when a government entity gets involved, the rules change dramatically.

• The 180-day rule: If your injury involved a city bus, state vehicle, or government-maintained road, A.R.S. § 12-821.01 requires a formal Notice of Claim to be filed within 180 days. If you do not meet this deadline, you will be forever barred from making a claim.
• Questions to ask: “How does your intake team assess if there is a public entity involved in my case?

4. Who Will Be Handling My Case & How Will They Communicate?

Some large firms have billboard attorneys who sign clients and then hand the file over to a paralegal or case manager. You can be waiting for months to talk to an actual lawyer, and you’re stuck with low-balled insurance offers. Ask who your point of contact will be, how often you will be updated, and whether a licensed attorney will negotiate your final settlement with the insurance adjuster.

5. What Is Your Trial Record for the Past Two Years?

Insurance adjusters track firms that go to trial and those that accept low offers to avoid it. If your firm never litigates, the insurance company has little reason to pay full value. Ask how many cases the firm has taken to a jury verdict in the past 12 to 24 months and whether they are willing to file a suit if negotiations break down.

6. What Will You Do With My Outstanding Medical Liens?

Your final payment is not the gross settlement. Federal and state lien statutes provide potential legal claims for reimbursement against your recovery by health insurers, Medicare, and AHCCCS (Arizona Medicaid). The Federal Trade Commission recommends getting all fee agreements in writing before you hire, and that includes understanding how your firm handles lien reductions after a settlement. Ask if your firm has a team that negotiates down medical bills and liens to increase your take-home amount.

7. Can I Receive Punitive Damages in My Case?

Compensatory damages include medical bills and lost wages. Punitive damages punish extreme recklessness. Caps on personal injury damages are prohibited under the Arizona Constitution. If your case involves a drunk driver or a trucking company violating federal safety regulations, punitive damages may be awarded. Ask whether the facts of your accident satisfy Arizona’s legal threshold for this extra recovery.

Conclusion

The right questions save you from hidden fees, unclear communication, and missed deadlines. A good personal injury law firm will answer all of these in a straightforward manner and without hesitation. Before you sign on the dotted line, take some time to explore your options, because the firm you choose will impact every step of your recovery.