Yellowstone Law
Yellowstone Law

Call Now For A Free Consultation
(406) 259-9986

Find Your Strongest Advocate: What Questions Should I Ask a Personal Injury Lawyer?

  • On Behalf Of Shane Colton
  • Published: October 10, 2025
A lawyer and client reviewing documents together during a consultation about a personal injury case

You should ask questions about a lawyer’s specific experience, their plan for your case, and their communication style. Meeting with a personal injury attorney after an accident empowers you to take a critical first step toward protecting your future. 

The initial consultation is your opportunity to interview a potential advocate and gather the information you need to make a confident choice. A skilled personal injury lawyer provides clarity on your rights and works toward a favorable outcome for your claim.

SCHEDULE FOR A FREE CASE EVALUATION

Key Takeaways for What Questions Should I Ask a Personal Injury Lawyer

  • Yellowstone Law offers a free consultation to learn about your legal options.
  • Discuss the lawyer’s assessment of your case, including potential strengths and challenges, to get an honest personal injury case evaluation.
  • Clarify the lawyer’s approach to settlement negotiations versus trial litigation to see if their philosophy aligns with your goals.
  • Ask the lawyer to explain the timeline of a typical case and your role in the process so you know what to anticipate.

Questions About the Lawyer’s Background and Experience

Your first set of questions helps you learn about the attorney’s professional history. A lawyer’s background offers insight into their capabilities and whether they possess the skills and experience to manage your case effectively. 

Ask About Their Specific Experience With Your Type of Case

Not all personal injury claims are the same. A lawyer who primarily handles car accidents may not have the background to manage a complex medical malpractice or animal attack claim. You need an attorney who knows how to handle specific types of personal injury claims and the nuances associated with your type of accident.

You can ask directly, “What is your experience with cases like mine?” An experienced attorney can provide examples of similar cases they have handled. They can also explain the particular legal issues involved in your situation. 

Ask About Their Track Record of Success

Past results don’t guarantee a future outcome, but a lawyer’s track record provides valuable insight into their abilities. You want to know if they have a history of securing favorable personal injury settlements and trial verdicts for their clients. 

Ask about their experience both in settlement negotiations and in the courtroom. Many personal injury cases resolve before trial, but you need an attorney who prepares every case as if it might go before a judge. 

Here are a few ways to phrase these questions:

  • Settlement Negotiations: How many cases like mine have you settled out of court?
  • Trial Experience: What percentage of your cases go to trial, and what is your success rate?
  • Case Value: Can you discuss a time you helped a client achieve a favorable outcome in a challenging case?

Discuss Their Resources and Firm Support

A solo practitioner might offer very personal service, while a larger firm might have more extensive resources to dedicate to your case. Neither is inherently better, but you need to know what to expect.

A firm’s ability to hire investigators, consult with medical professionals, and cover litigation costs can be a significant advantage in complex cases. 

This inquiry helps you find an attorney who can fully support the demands of your personal injury case evaluation. 

Understanding the Firm’s Process and Communication Style

Hand about to bang gavel on sounding block in a courtroom, symbolizing the importance of clear communication in legal representation.

Finding a lawyer you can communicate with effectively is fundamental to a positive attorney-client relationship. You need to know how the firm operates and how it keeps clients informed. Setting clear expectations from the beginning prevents future frustration and confusion.

During your initial consultation, ask a personal injury lawyer direct questions about their communication practices. The answers reveal a great deal about the client experience you can expect. 

Who Manages the Day-to-Day Aspects of My Case?

In many law firms, you might meet with a partner for your initial consultation, but a junior associate or a paralegal handles much of the daily case management. This is a common and efficient practice. However, you have a right to know who your primary point of contact will be.

Establishing a clear line of communication from the start helps the process run more smoothly.

How Often Can I Expect Updates on My Case?

You need to know how and when you’ll receive updates. Some clients prefer a weekly email, while others only want a call when there’s a significant development. 

Ask the attorney about their standard client communication procedure and express your preferences. This helps you determine if you and the firm are on the same page. 

How a lawyer handles your questions in this first meeting reflects on their general client approach and gives you good insight into the journey ahead. 

What Is Your Preferred Method of Communication?

Find out if the attorney prefers to communicate by phone, email, or in-person meetings. Let them know what works best for you as well. Aligning on communication methods from the beginning can prevent missed messages and unnecessary delays. 

Questions To Ask a Personal Injury Lawyer About Your Specific Case

After discussing the lawyer’s background and the firm’s processes, the conversation can shift to the specifics of your situation. You should receive a preliminary case evaluation during an initial consultation with an injury lawyer. 

The attorney will apply their knowledge to the facts you present. Their answers help you gauge their analytical skills and strategic thinking; an experienced lawyer can often identify potential strengths and weaknesses in your claim early on. 

How Do You Assess the Value of My Claim?

An attorney cannot give you an exact settlement figure during an initial consultation. The full value of your claim depends on many factors that develop over time. However, a lawyer can explain the types of damages you may recover.

Here are some of the damages a lawyer evaluates:

  • Medical Expenses: This includes the cost of all past and future medical care related to the injury.
  • Lost Wages: You may seek compensation for the income you lost while unable to work.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your former job, you might recover damages for your reduced ability to earn income.
  • Property Damage: Your attorney may seek payment for the cost to repair or replace your vehicle and any other personal property destroyed in the accident.
  • Pain and Suffering: This compensates you for the physical pain and emotional distress caused by the injury.
  • Punitive Damages: Courts sometimes award these damages in cases involving extreme recklessness or malice to punish the defendant and deter similar conduct. These damages are rare, so check with your lawyer whether they apply to your situation.

What Strengths and Weaknesses Do You See in My Case?

An honest attorney provides a straightforward assessment of your case. They can point out the strong evidence supporting your claim and identify potential challenges. For instance, a lack of clear liability or pre-existing medical conditions may complicate your case.

A willingness to discuss both the positives and negatives demonstrates transparency. It shows that the lawyer is providing a realistic outlook rather than just telling you what you want to hear. 

What Is the Anticipated Timeline for My Case?

The duration of a personal injury case varies greatly; a simple claim with clear liability may settle in a few months, while a highly complex case that goes to trial can take years. Ask the attorney to outline the typical stages of a case and provide a rough timeline. 

A transparent answer helps manage your expectations for the future. 

What Role Do I Play in My Own Case?

You’re a key member of your own legal team. Ask the attorney what they need from you to build the strongest possible case. 

Your attorney may ask you to take an active role in your case by:

  • Following Medical Advice: Your lawyer will likely instruct you to attend all medical appointments and follow your doctor’s prescribed treatment plan without deviation.
  • Keeping a Pain Journal: Lawyers often ask plaintiffs to maintain a detailed log of their daily pain levels, physical limitations, and the emotional impact of the injury.
  • Preserving Evidence: They’ll likely ask you to save all receipts for out-of-pocket expenses and provide any evidence you have, such as photos or witness contact information.
  • Avoiding Social Media: Your legal team will likely strongly advise you to refrain from posting details about your accident, injuries, or activities on any social media platform.

How a Personal Injury Lawyer Helps Your Claim

A judge’s gavel and stethoscope on a wooden desk, representing the connection between medical evidence and personal injury law in Montana.

Hiring a personal injury attorney gives you an advocate who manages every aspect of your claim. While you focus on your physical recovery, your lawyer works to protect your legal rights and pursue the compensation you need.

Their involvement provides you with peace of mind and significantly improves your chances of a fair outcome. They take on the complex tasks you cannot handle alone.

Here are the ways a personal injury lawyer helps your claim: 

  • Investigating the Incident: Your lawyer conducts a thorough investigation into the circumstances of your accident, collecting police reports, witness statements, medical records, and other crucial evidence to establish liability and document your damages.
  • Communicating With Insurers: After an accident, your lawyer will deal with insurance companies, handling all communication with them and protecting you from adjusters who may try to devalue or deny your claim.
  • Calculating Your Damages: An attorney may work with medical and financial professionals to project future medical costs, calculate long-term lost income, and place a value on your pain and suffering.
  • Negotiating a Fair Settlement: As a skilled negotiator, your lawyer leverages the evidence to argue for a full and fair offer from the insurance company. They’ll advise you on whether an offer is reasonable while handling all the back-and-forth communication.
  • Taking Your Case to Trial: If the insurance company refuses to make a fair settlement offer, your lawyer can file a lawsuit and prepare your case for trial. They manage all legal deadlines, file necessary court documents, and represent you in all legal proceedings.

FAQ for What Questions Should I Ask a Personal Injury Lawyer?

Do I Need to Have All My Paperwork Before an Initial Consultation?

You don’t need to have every document before your first meeting. Bring what you have, such as a police report, photos, medical bills, and any correspondence from insurance companies. Your lawyer can help you gather any missing information after you decide to work together.

What if I Believe I Was Partially at Fault for the Accident?

You may still have a valid personal injury claim even if you share some of the blame. Montana follows a modified comparative negligence rule, which means you can recover damages as long as your percentage of fault isn’t greater than the defendant’s. 

A lawyer can evaluate your situation and explain how comparative negligence may apply to your case.

What Are Red Flags To Watch for During a Case Evaluation With a Lawyer?

Watch out for attorneys who guarantee a specific outcome or a large settlement amount right away. An honest and experienced lawyer provides a realistic assessment based on the known facts. 

Also, be cautious of anyone who pressures you to make an immediate decision or who is unresponsive to your questions.

What Is the Deadline for Filing a Personal Injury Lawsuit in Montana?

In Montana, you generally have three years from the date of the injury to file a personal injury lawsuit. This legal deadline is known as the statute of limitations, and if you fail to file your claim on time, the court will likely dismiss your case, and you’ll lose your right to pursue compensation. 

Certain factors can change this deadline, so ask your attorney about the deadline during your consultation. 

How Does a Personal Injury Lawyer Prove the Other Party’s Negligence?

A lawyer proves negligence by establishing four key elements. They must show that the other party owed you a duty of care, they breached that duty through their actions or inaction, this breach caused your injuries, and you suffered actual damages as a result. 

Lawyers build this argument by using evidence like accident reports, witness testimony, and expert analysis.

Let Yellowstone Law Provide the Answers You Need

Top Billings, MT Personal Injury Attorney - Shane D. Colton, Esq.

Shane D. Colton, Billings Personal Injury Lawyer

Choosing the right legal advocate shapes your entire recovery process. You have the right to feel confident and informed every step of the way. Take the next step toward getting the help you need. 

Contact Yellowstone Law today at (406) 259-9986 for a free consultation to discuss your case.

SCHEDULE FOR A FREE CASE EVALUATION


Colton Holm

At Colton Holm Law Firm, we look forward to learning
how we can help you resolve your legal concern.
Call us today: (406) 259-9986