What Questions Will I Have to Answer During My Free Consultation?

During your free consultation at Weston & Pape, your attorney will work to discern whether you have grounds for a claim, whether a dispute is likely to arise, and the kinds of evidence that will be needed to strengthen your case. To do that, the attorney will ask about the accident, your injuries, your medical treatment, and your insurance. Below are the questions you are most likely to be asked during this meeting — and why each one matters:

• How did your injury happen? Your personal injury lawyer will want a detailed overview of everything you remember about the incident that caused your injury. Before the meeting, take a few minutes to write down what you recall so you don’t forget any pertinent facts.

• Where did the accident occur? The location of the accident can have a major influence on the case law and statutes that pertain to your case. For example, if you were hurt on a public property, it is possible that a government agency would be liable. If the injury happened on a commercial property, it is likely that you would bring the claim against the property owner or occupier rather than just the at-fault individual.

• Did your own negligence contribute to the accident in any way? If you may have been partially at fault, your personal injury attorney will want to know so he or she can prepare for a dispute regarding comparative negligence.

• How long did you wait to seek medical care? If you waited too long to undergo an evaluation, the opposing party might assert that your injuries aren’t as serious as you are claiming or that you have failed to mitigate your damages. Your personal injury attorney would therefore need to prepare to counter these defenses.

• What are your diagnosis and prognosis? Your diagnosis and prognosis will influence the settlement calculations, the types of damages you are able to pursue, and the kinds of evidence needed to prove damages.

• Are you unable to work due to your injury? If you intend to pursue compensation for lost income, your personal injury lawyer can explain the kinds of documentation that will be needed to prove these damages.

• Have you spoken to the defendant or insurance company? Any statements you’ve provided to the opposing party might be used to challenge your claim. Your personal injury attorney will want to know if you’ve said anything that might lead to a dispute.

• Have you posted anything online about the accident or your injury? Your social media content might also be used to dispute your claim. Your personal injury attorney can explain the importance of staying off these websites while your case is pending.

• Did you have any pre-existing injuries or medical conditions? If you had a pre-existing condition, the defense may dispute causation.

• What kinds of insurance do you carry? Your lawyer will want to know about all potential avenues for pursuing compensation including your own insurance policies.

• Do you know if the at-fault party has insurance? If the at-fault party has insurance, your personal injury lawyer will need to know so the claim can be filed properly.

• Did you write down the contact information of the at-fault parties and eyewitnesses? Your personal injury attorney will want to speak with eyewitnesses and the at-fault parties to find out what happened and to determine if their deposition might contribute to your case.

What to bring — and what happens next. If you have them handy, bring the police report, photographs of the scene and your injuries, your insurance information, and any medical bills or records you have received so far. If you don’t have them yet, come anyway; your attorney can help track them down. After the consultation, if you decide to move forward, your legal team will investigate the accident, take over communication with the insurance company, and build your claim step by step. You can preview that process in our guide to filing a claim after a car accident, and learn more about how a personal injury lawyer can help you along the way.

To schedule your free consultation with Weston & Pape, call 772-266-5555.