12 Questions to Ask a Car Accident Lawyer Before You Hire Anyone

The free consultation is your interview of the lawyer, not the other way around. Before you sign anything, ask about who will actually handle your case, exactly what percentage they take and when that number changes, whether your PIP has been protected, and what your filing deadline is under Florida law. A lawyer who answers those questions clearly and specifically is worth a second look; one who hedges or rushes you is not.

Why does it matter which questions you ask, isn’t any free consultation the same?

Not all free consultations are equal. This meeting is your only structured chance to compare lawyers on facts, not billboards or online ads. You are not just signing up for legal help, you are choosing someone who may affect how much you recover and how stressful the next year becomes. Some people regret picking the first firm that called them back, only to feel ignored later or stuck with unclear fees. At Wolfson & Leon, we meet clients where they are, whether at our Hialeah office at 1840 W 49th St #734, at home, or even in the hospital. A good consultation gives you time and space to ask hard questions. If the lawyer treats it like a sales pitch instead of a two-way conversation, that is a warning sign. Use the 12 questions below to compare answers, not promises.

Questions 1, 3: Who is actually handling my case?

Ask these three questions first. (1) Who will work on my case day to day, the attorney I am meeting, a junior lawyer, or a case manager? Get that person’s name in writing before you leave. (2) How many car accident cases has this firm handled in Miami-Dade County courts in the past two years? Ask if they have dealt with your insurer before. A firm that rarely handles personal injury cases may lack the local experience you need. (3) Will my entire case be handled in Spanish if I request it, not just the first call, but all updates, documents, and court filings? Language access matters when you are making high-stakes decisions under stress. At Wolfson & Leon, you can confirm Spanish-language service upfront for every stage of your case.

Questions 4, 6: What will this actually cost me, and what if I lose?

Money questions must be answered plainly. (4) What is your exact contingency fee, and when does it change? Under Florida Bar Rule 4-1.5(f)(4)(B), the standard fee is capped at 33 1/3% of a recovery up to $1 million before an answer is filed or arbitration is demanded, and 40% after that through trial, but ask for the specific number in writing. (5) Who pays case costs while we wait, filing fees, medical records, expert witnesses, depositions? Ask whether the firm advances these. (6) If we recover nothing, do I owe those costs? Get the answer in writing. A red flag is any lawyer who cannot give a straight answer. Always get the fee agreement in writing before signing. Costs can add up quickly; without clarity now, you could face surprise bills later.

Questions 7, 9: What do Florida’s insurance rules mean for my specific case?

These questions test whether the lawyer knows Florida’s actual rules. (7) What does my PIP cover, and did I protect it? Under Fla. Stat. § 627.736, you must see a doctor within 14 days of the crash. If you did, PIP pays 80% of reasonable medical bills and 60% of lost wages, up to $10,000 if a doctor found an emergency medical condition, or only $2,500 if not. Your own auto policy pays first; only if you lack coverage does it move to a household relative’s policy. (8) Do I have uninsured/underinsured motorist (UM) coverage? Fla. Stat. § 627.727 makes UM optional, it is not automatic. It is on your policy unless it was rejected in writing. (9) What is my exact filing deadline? For crashes on or after March 24, 2023, you have two years under Fla. Stat. § 95.11. Miss that date, and your claim ends, even if the other driver was clearly at fault.

Questions 10, 11: How will we actually communicate?

Clear communication prevents panic later. (10) How often will I get updates, weekly, at key milestones, or only when I call? Will they come by phone, text, email, or a client portal? (11) Who do I call with questions, the attorney, a paralegal, or a case manager? Get that person’s direct number during the consultation. Insurers move fast. An adjuster may pressure you with a low offer within days, claiming “if you were really hurt, you would’ve gone to the doctor right away.” If your lawyer does not respond quickly, you could miss critical windows. A good answer names a contact, gives a direct line, and promises a response within one business day. “Someone from our team will be in touch” is not enough.

Questions 12 and the answers that should worry you: How long, will it go to trial, and what are the red flags?

Question 12 has two parts. (12a) How long will my case likely take, from investigation through possible trial? Many cases settle before trial, but timelines vary. See our guide on how long a personal injury case takes in Miami-Dade for realistic phases. (12b) Are you ready to take this to trial if the insurer refuses a fair offer? A lawyer’s willingness to go to trial can matter in negotiations. Red flags include: (1) no named attorney assigned to your case; (2) no written fee agreement offered before signing; (3) uncertainty about whether you owe costs if there is no recovery; (4) inability to state your two-year deadline under Fla. Stat. § 95.11; (5) promising a specific dollar amount at the first meeting; (6) discouraging questions about trial experience; (7) no guarantee of full Spanish-language service. Bring this clean list of questions to any consultation:

1. Who will handle my case day to day?
2. How many car accident cases has your firm handled in Miami-Dade County courts recently?
3. Is full Spanish-language service guaranteed for the whole case?
4. What is your exact contingency fee, and when does it increase?
5. Who advances case costs, your firm or me?
6. If nothing is recovered, do I owe costs?
7. Have I protected my PIP benefits under Florida’s 14-day rule?
8. Do I have UM coverage, and does it apply here?
9. What is my exact filing deadline under Florida law?
10. How often and by what method will I get updates?
11. Who is my direct contact, and what is their number?
12. How long might my case take, and are you willing to go to trial?

Frequently asked questions

Is the free consultation really free, or will I owe something if I don’t hire the lawyer?
Yes, it is truly free. You will not owe anything if you decide not to hire the firm. Confirm this when you schedule.

Do I have to go to the lawyer’s office, or can they come to me?
You do not have to travel. Many firms, including Wolfson & Leon, will meet you at your home or in the hospital.

Florida is a no-fault state, does that mean fault doesn’t matter in my car accident case?
No. PIP (your own insurance) pays first regardless of fault, but if you have a serious injury, like permanent damage or significant scarring, you can sue the at-fault driver for pain and suffering, and then fault matters a lot.

What happens if the other driver had no insurance or not enough insurance?
If you have UM (uninsured/underinsured motorist) coverage on your own policy, it can step in to cover your losses. UM is optional in Florida, but it can be left off your policy only by a written rejection.

I waited more than 14 days to see a doctor after my crash. Is my case over?
Your PIP benefits are likely gone, Florida law requires treatment within 14 days to qualify. But if the other driver was at fault and you suffered a serious injury, you may still have a claim against their liability insurance, even without PIP.

Related reading: I was in a car accident in Hialeah. What do I do now? · The 14-day PIP rule in Florida: what happens if you wait to see a doctor after a Hialeah car accident · How long do I have to file an injury lawsuit in Florida? The two-year rule after HB 837

Hurt in an accident in Hialeah? Call Wolfson & Leon at 305-965-3766 for a free consultation. We speak Spanish, and there is no fee unless we win.