What Questions Should I Ask a Personal Injury Attorney?
In legal terms, a “personal injury” case is a civil claim brought when someone is harmed because another person or company failed to act with reasonable care. That harm may involve medical bills, lost income, physical pain, emotional suffering, or long-term disability.
A personal injury lawyer’s role is to investigate what happened, gather evidence, prove fault under Louisiana law, calculate the full extent of damages, negotiate with insurance companies, and, if necessary, take the case to trial. It’s not just paperwork; it’s building a strategic case designed to hold the responsible party accountable.
At Laborde Earles Injury Lawyers, our team has recovered over $1 billion for injured Louisianans, earned more than 1,000 five-star reviews, and built a reputation across the state for confronting insurers who try to undervalue legitimate claims.
If you’re meeting with a personal injury attorney for the first time, knowing what to ask can help you determine whether the firm you’re considering has the experience, transparency, and strength to protect your rights. In this blog, we’ll help simplify the process by telling you what to look for, what to ask, and why we’re the best choice to serve as your Louisiana personal injury attorneys.
Key Legal Concepts
1. What Is a Contingency Fee?
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Most personal injury attorneys work on a contingency fee basis, meaning you do not pay upfront attorney’s fees
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Instead, the lawyer is paid a percentage of the recovery if the case is successful. If there is no recovery, there is generally no attorney’s fee
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This structure allows injured individuals to pursue justice regardless of their financial situation
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However, contingency fees typically do not include case expenses (like filing fees, expert witness costs, or medical record retrieval)
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You can learn more from the ABA by clicking here
2. What Is Louisiana’s Statute of Limitations?
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Louisiana has one of the shortest deadlines in the country to file most personal injury claims
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Under Louisiana Civil Code Article 3492, the prescriptive period is generally one year from the date of injury
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If you miss this deadline, you may lose your right to seek compensation entirely
Questions You Should Ask a Personal Injury Attorney
Experience & Qualifications
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How many personal injury cases have you handled?
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Do you regularly take cases to trial?
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Have you handled cases similar to mine (car accidents, truck crashes, maritime injuries, hurricane claims, etc.)?
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Are you licensed in Louisiana state and federal courts?
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Who will actually handle my case: a partner, associate, or case manager?
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What results have you obtained in similar cases?
Case Strategy & Evaluation
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What strengths and weaknesses do you see in my case?
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What types of damages may be available (medical expenses, lost wages, pain and suffering)? Louisiana law allows recovery for both economic and non-economic losses when negligence is proven.
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How do you investigate and gather evidence?
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Will expert witnesses be needed?
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How long do you expect my case to take?
Fees, Costs & Financial Transparency
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What percentage is your contingency fee?
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Does the percentage change if the case goes to trial?
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What case expenses should I expect?
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Who pays for expenses upfront?
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Will I owe anything if the case is unsuccessful?
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Can I see a written fee agreement before signing?
Communication & Client Support
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How often will I receive updates? According to the American Bar Association’s Model Rules of Professional Conduct, lawyers are required to keep clients reasonably informed about the status of their case.
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Will I have direct access to my attorney?
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Do you offer 24/7 availability?
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How quickly do you return calls or emails?
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Can I communicate via phone, text, or email?
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Do you provide services in Spanish or other languages?
Experience & Fee Transparency Checklist
Use this table during your consultation to evaluate both a firm’s qualifications and its financial structure. Clear answers in each category protect you from surprises later.
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Category |
What to Ask |
What to Look For |
Why It Matters |
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Trial Experience |
How many cases have you taken to verdict? |
Documented courtroom experience, not just settlements |
Insurance companies track which firms actually try cases — and they negotiate differently when they know a lawyer is trial-ready. |
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Case Results |
Can you share recent verdicts or settlements similar to mine? |
Specific examples involving comparable injuries or claims |
Demonstrates the firm’s ability to handle complex, high-value cases. |
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Louisiana Court Experience |
Do you regularly practice in Louisiana state and federal courts? |
Active litigation history in Louisiana |
Local procedural knowledge and courtroom familiarity can impact case strategy and timing. |
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Contingency Fee Percentage |
What percentage do you charge if we win? Does it change if the case goes to trial? |
A clearly stated percentage in a written contract |
Ensures you understand precisely how attorney compensation works from the start. |
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Case Expenses |
What costs are involved, and who advances them? |
Firm advances expenses such as filing fees, expert witnesses, depositions, medical records, and investigation costs |
Some firms require repayment regardless of outcome. You need clarity on financial responsibility. |
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Fee Calculation Method |
Are case expenses deducted before or after the attorney’s fee is calculated? |
Transparent explanation with examples |
The order of deductions can affect your final recovery amount. |
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Written Fee Agreement |
Will I receive a written contract outlining all fees and costs? |
Detailed, easy-to-understand agreement |
Ethical rules require fees to be reasonable and clearly communicated. |
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Settlement Breakdown |
Will I receive a final itemized settlement statement? |
Full accounting of attorney fees, expenses, liens, and net recovery |
Transparency builds trust and ensures you see exactly where every dollar goes. |
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Communication Policy |
How often will I receive updates? Who is my point of contact? |
Defined update schedule and clear access to your legal team |
Ongoing communication reduces stress and keeps you informed about major developments. |
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Availability |
Are you available after hours if urgent issues arise? |
24/7 accessibility or clear emergency contact procedures |
Accidents and legal deadlines don’t always happen during business hours. |
Your Case Deserves a Team That’s Ready for Anything
You deserve a legal team that can respond to the questions you ask during a consultation with proven results, real courtroom experience, statewide reach, and a culture built around putting clients first.
At Laborde Earles Injury Lawyers, our firm spans Louisiana with multiple offices serving more than 50 communities. Our partners, David Laborde and Digger Earles, lead a deep bench of trial attorneys who handle cases in state and federal courts and prepare every claim as if it may see a jury. That preparation, combined with cutting-edge technology, constant communication, and a full-team approach, allows us to move cases forward with strength and precision.
Louisiana law generally gives you just one year to take action. Waiting can put your rights at risk. If you or someone you love has been injured, now is the time to put a powerful, Louisiana-proud legal team in your corner.
We are available 24/7, offer free consultations, and work on a contingency fee basis. Contact us today to book your case evaluation and learn more about how we can help.
