How to Plan Your First Meeting With a Personal Injury Lawyer

A first consultation is usually free and rarely runs more than an hour. That is plenty of time to decide whether to hire someone, but only if you show up organized. Here is how to make the hour count.

Write one page before you go

Write a single page: the date, time and exact location of the accident; what happened, in your own words and in order; what hurt that day and what hurts now; every doctor, clinic or hospital you have been to since; and the days or shifts of work you have missed.

That page does more for the meeting than a shopping bag full of paperwork, because it fixes the timeline while your memory is still good. Memories of a traumatic event fade faster than people expect.

What to bring

Bring whatever you have, and do not delay the meeting to collect the rest:

• The police report or accident report, or the report number
• Photos and video of the scene, the vehicles, and your injuries
• Names and phone numbers of any witnesses
• Your insurance information and the other side's, including the declarations page
• Any no-fault paperwork you have received or filed
• Letters, emails and voicemails from any insurance adjuster
• Medical records, discharge instructions and bills you already have
• Receipts for out-of-pocket costs, including prescriptions and rides to appointments
• Pay stubs or an employer letter showing missed time

If you are in pain or taking medication that makes you foggy, bring someone you trust to take notes.

What the meeting will actually be like

Expect a conversation, not an interrogation. The lawyer will ask how the accident happened, who else was involved, what your injuries are, where you have treated, what insurance exists, and whether you have talked to an adjuster. They will also ask about prior injuries to the same body part, and they are not being nosy: pre-existing conditions are the first thing the defense looks for.

They should also raise the deadlines that apply to you. Most New York injury cases must be filed within three years under CPLR 214, and claims against a public body generally require a notice of claim within 90 days under General Municipal Law 50-e. If a car was involved, written notice to the no-fault insurer is due within 30 days, per the Department of Financial Services.

Questions worth asking

Write these down, because they are easy to forget when you are recounting the worst day of your year:

• Who will handle my case day to day, and will I ever speak with you?
• How many cases like mine has this firm handled, and how did they resolve?
• When did you last try a case to verdict?
• What is the weakest part of my case?
• Is your fee the sliding scale or the flat one-third, and is the percentage calculated before or after expenses?
• If we lose, do I owe anything for costs?
• How often will I hear from you, and how do I reach you when something changes?
• What do you need me to do over the next month?

The fee questions are not rude. Court rules cap contingency fees in injury cases, allowing either a sliding scale or a flat rate of up to 33⅓ percent if the client chooses that option in the retainer, under the Appellate Division rules that apply in New York City (22 NYCRR 603.25 and 22 NYCRR 691.20). Medical malpractice fees follow a separate, lower schedule under Judiciary Law 474-a. New York also requires a written letter of engagement or signed retainer spelling out scope, fees and expenses under 22 NYCRR Part 1215.

The one thing you will not get

You will not get a number. Any lawyer who names a settlement figure at a first meeting is guessing, because value depends on things nobody knows yet: how you heal, what the records ultimately show, how fault gets apportioned, how much coverage exists, and what liens must be repaid. A serious answer is a range with conditions attached, and it comes much later.

Before you sign

Take the retainer home and read it. Ask what changes if the case goes into suit. If you are not comfortable, meet another firm; consultations cost nothing, and the comparison is the point.

Then, once you hire someone, let them handle the adjusters. That is what you are paying for. And if you are still deciding between firms, compare them on results you can verify rather than on the size of the ad.

This article is general information about New York law, not legal advice for your situation.

Sources: CPLR 214 · GML 50-e · NYS DFS No-Fault FAQs · 22 NYCRR 603.25 · 22 NYCRR 691.20 · Judiciary Law 474-a · 22 NYCRR Part 1215 · NY Courts: Find a Lawyer