Hiring an accident lawyer

When a lawyer is worth it

For a small claim with clear fault, minor damage and an injury that cleared up in a few weeks, you may be able to deal with the insurer yourself. The picture changes quickly when:

• You were hurt badly enough to need ongoing treatment, surgery or time off work.
• The insurer says you were partly or fully to blame.
• Several parties or insurers are involved, such as a work vehicle, a rideshare or a commercial property.
• You have an old injury the insurer says is the real cause.
• You've been offered a settlement before you know how you'll recover.
• The limitation deadline is less than a few months away.

The earlier you speak to someone, the more evidence can still be saved, such as camera footage that is often deleted within weeks.

How accident lawyers are paid

United States: contingency fees

Under a contingency fee agreement, the lawyer takes an agreed percentage of what you recover, and nothing if you recover nothing. The percentage is often around a third and may rise if the case goes to trial. Ask whether the fee is taken before or after case expenses such as expert reports and court filing fees, because that changes what you receive.

United Kingdom: no win no fee

Most personal injury claims in England and Wales run under a conditional fee agreement. If you win, the solicitor can charge a success fee, and in personal injury claims that fee is capped at 25% of your damages, not counting compensation for future losses. You may be asked to take out after-the-event insurance for other costs. In most personal injury cases you won't have to pay the other side's legal costs if you lose, though there are exceptions.

Canada: contingency fees

Contingency fees are allowed across the provinces, with rules set by each law society. In Ontario, the agreement must be in writing and explain how the fee is calculated. Ask how costs awarded by the court are treated and who pays disbursements if the claim fails.

Questions to ask at the first meeting

1. How many claims like mine have you handled, and how many went to trial?
2. Who will handle my case day to day, and how quickly do you reply to messages?
3. What do you see as the weak points in my claim?
4. What is your fee, how is it worked out, and what expenses will I pay on top?
5. What happens to costs if we lose or I decide to stop?
6. Roughly how long do claims like mine take?
7. Will you tell me about every offer, and is the final decision mine?

What to bring

Your claim number, photos, the police or incident report, any letters from insurers, medical records you have, proof of lost income and a short written timeline. If you've been keeping a pain diary, bring that too. Don't worry if some of it is missing; a good lawyer will tell you how to get it.

Common questions