Not every personal injury attorney handles the same types of cases, prepares cases the same way, or produces the same results. The attorney you choose affects the trajectory of your case from the first demand letter to the last settlement negotiation or trial verdict. Choosing the right one is not about finding the biggest advertisement. It is about finding the attorney whose experience, approach, and resources match the demands of your specific case.
What to look for in a personal injury attorney
Experience with your type of case is the most important factor. Personal injury is a broad field that includes car accidents, construction accidents, medical malpractice, premises liability, product liability, and wrongful death. An attorney who primarily handles slip-and-fall cases may not have the expertise to litigate a complex construction injury claim under Labor Law Section 240. Ask what types of cases the attorney handles and how many cases similar to yours they have resolved.
Trial experience matters even if your case is likely to settle. Insurance carriers track which attorneys try cases and which do not. An attorney with a record of taking cases to verdict creates a different negotiating dynamic than one who settles every case before filing a lawsuit. The carrier’s assessment of the attorney’s willingness to go to trial directly affects the settlement offer.
Resources and infrastructure matter for complex cases. A construction injury case may require accident reconstruction, engineering experts, medical experts, and extensive discovery. A firm that lacks the resources to fund that investigation cannot prepare the case to its full potential. Ask how the firm funds litigation costs and whether it has the infrastructure to handle the expert work your case requires.
Questions to ask during a consultation
Who will handle my case? Some firms assign cases to junior associates or paralegals after the initial consultation with a senior partner. Ask who will be your primary contact and who will handle the critical stages — depositions, negotiations, and trial.
How do you evaluate the value of a case? A competent attorney should be able to explain the damages framework — economic, non-economic, and any applicable thresholds — in terms you understand. An attorney who quotes a dollar figure at the first meeting without reviewing the medical records is guessing.
What is your fee structure? Personal injury attorneys in New York work on contingency — they are paid a percentage of the recovery. The standard contingency fee is one-third. Ask whether the percentage changes if the case goes to trial. Ask how litigation costs are handled — whether they are advanced by the firm and deducted from the recovery, or whether you are responsible for them.
Red flags to watch for
Guarantees of specific dollar amounts before reviewing the evidence. Pressure to sign a retainer immediately without time to consider. Difficulty reaching the attorney after the initial consultation. A firm that handles an extremely high volume of cases with a small staff. An attorney who has never tried a case in the practice area relevant to your claim.
The value of a second opinion
If you are not confident in the attorney you are currently working with, you have the right to seek a second opinion. You are not locked into a relationship with the first attorney you consult. In New York, you can change attorneys at any time, and the fee is divided between the attorneys based on the work performed. Getting a second opinion is not disloyal. It is responsible.
How Schwartzapfel Holbrook approaches consultations
At Schwartzapfel Holbrook, consultations are free and carry no obligation. We review the facts of the case, explain the legal framework that applies, and give an honest assessment of the strengths and weaknesses. We are selective about the cases we accept. When we take a case, we prepare it with the expectation that it may need to be proven at trial. If we do not accept a case, we encourage the person to seek another opinion — because the answer one lawyer gives is not always the final answer.
Schwartzapfel Holbrook / Fighting For You