Last reviewed: October 2026 · How we research: How We Research
Nearly every personal injury lawyer offers a free first consultation. For many people, it’s the first time they’ve ever spoken to a lawyer, and it can feel intimidating. It shouldn’t be. A consultation is a two-way interview: the lawyer is deciding whether they can help you, and you’re deciding whether you want them to. Knowing what happens, what to bring and what to ask turns a nervous half hour into one of the most useful conversations you’ll have about your claim. Below you’ll also find a tool that builds a one-page summary of your case to take with you.
Is it really free?
For injury cases, yes. Personal injury lawyers almost always work on a contingency fee, meaning they are paid a percentage of what they recover for you, and nothing if there’s no recovery. The free consultation is how they evaluate whether a case is worth taking on that basis. You shouldn’t be asked to pay anything to have your case reviewed, and you are under no obligation to hire the lawyer afterwards. If you’re asked for money up front for an ordinary injury case, ask why. For more on fees, see how much a personal injury lawyer costs.
What happens during the consultation
Intake and conflict check. Often by phone or online form before the meeting: your name, the other parties, the date and type of accident. The firm checks it doesn’t already represent anyone on the other side.
Your story. The lawyer asks you to describe what happened, your injuries, treatment, work and any contact with insurers. This is the longest part. Be complete and honest, including anything you think might hurt your case.
The lawyer’s assessment. They look at five things: who was at fault, how serious your injuries and losses are, what insurance is available, the deadline, and any complications such as pre-existing conditions or shared fault.
Your questions. Experience, fees, who will handle the case, how often you’ll hear from them, and what happens next.
Next steps. The lawyer may offer to take the case and give you a fee agreement, ask for more information, or explain why they can’t help.
Most consultations last 30 minutes to an hour. Many firms now offer them by phone or video, which can be easier if you’re injured. Some lawyers will visit you at home or in hospital if you can’t travel.
Is what I say confidential?
Generally, yes. Under rules followed in most states, based on the American Bar Association’s Model Rule 1.18, lawyers owe confidentiality duties to prospective clients, even those they never end up representing. That’s why it’s safe to be completely honest, including about prior injuries, earlier accidents or anything you’re worried may hurt your claim. A lawyer can only assess your case accurately if they know the whole picture; surprises discovered later by the insurer do far more damage.
Prepare your consultation summary
Fill in what you can, tick the documents you have, and create a one-page summary to print or save as a PDF. Lawyers appreciate a clear timeline, and it helps you remember details on the day.
Free consultation prep sheet
Documents I have
Nothing you type is saved or sent anywhere; it stays in your browser until you close the page.
Don’t worry if you’re missing documents. Lawyers can request police reports and medical records themselves. Bring what you have, and write down what you don’t.
Questions to ask the lawyer
- Do you think I have a case? What are its strengths and weaknesses?
- How many cases like mine have you handled, and how many went to trial?
- What’s my deadline, and are there any shorter notice deadlines?
- What’s your fee percentage, and does it change if a lawsuit is filed? Is it calculated before or after costs?
- Who will handle my case day to day, and how often will I get updates?
- What should I do, and avoid, while my claim is open?
- Roughly how long do cases like mine take?
Be cautious of any lawyer who promises a specific amount in the first meeting. A good lawyer will usually say it’s too early to value the claim precisely, especially if you’re still being treated. For a full checklist and a scorecard to compare lawyers, see how to choose a personal injury lawyer.
How lawyers decide whether to take a case
Because contingency lawyers invest their own time and often thousands of dollars in case costs, they think carefully before accepting a case. In practice, they weigh three questions. First, liability: can it be proven that someone else was at fault? Second, damages: are the injuries and losses significant enough to justify the work? Third, collectability: is there insurance or another source that can actually pay? A strong case on all three is easy to accept. A case with clear fault but minor injuries, or serious injuries but no insurance, is harder, and may still be worth pursuing in a different way. Understanding this helps you present the right information and makes a “no” less discouraging.
What happens after the consultation
If the lawyer offers to take your case
You’ll be given a written contingency fee agreement. You don’t have to sign it on the spot. Take it home, read every clause, and compare it with what other lawyers offer. Look especially at the percentage at each stage, how case costs are handled, and what happens if you end the relationship. Our guide to the contingency fee agreement walks through each clause. Once you sign, the lawyer will typically notify the insurers that you’re represented, so they stop contacting you directly.
If the lawyer declines
Being turned down doesn’t necessarily mean you have no claim. Common reasons include injuries too minor for the cost of the case, disputed liability, very limited insurance, a type of case outside the lawyer’s practice, or a conflict of interest. Ask the lawyer why, whether they can recommend someone else, and to confirm in writing that they are not representing you. Many firms send a “non-engagement” letter, which often reminds you of the deadline. Then keep looking promptly: the statute of limitations keeps running. Check yours in our state-by-state guide.
Mistakes to avoid
- Waiting too long to get a consultation, until evidence is lost or a deadline is near.
- Giving the other insurer a recorded statement first. If you can, talk to a lawyer before doing so.
- Leaving things out because you think they hurt your case. The lawyer needs to know.
- Signing on the spot under pressure, or with a lawyer who contacted you uninvited.
- Only talking to one lawyer when your case is serious. Two or three consultations cost nothing and help you compare.
Frequently asked questions
Can I bring someone with me?
Yes, a family member or friend can often help you remember details. Be aware that having a third party present can, in some circumstances, affect confidentiality, so ask the lawyer whether they’d like to speak with you alone for part of the meeting.
Will the lawyer tell me what my case is worth?
Probably only in broad terms. Value depends on your injuries, treatment, lost income, fault and insurance, and often can’t be estimated well until your recovery is clearer. For a rough idea beforehand, try the settlement calculator.
Can I have a free consultation if I’m still in treatment?
Yes, and it’s often the best time. A lawyer can help you avoid early mistakes, preserve evidence and deal with insurers while you focus on recovering.
Can I get a free second opinion if I already have a lawyer?
Yes. Many lawyers will review a case for a client who is unhappy with their current representation. Bring your fee agreement and any correspondence. If you decide to switch, the lawyers usually sort out how the fee is shared between them.
How should I prepare for a video or phone consultation?
Find a quiet, private space, have your summary and documents in front of you, and ask in advance whether you can email photos or records before the call so the lawyer can review them.
Sources
- ABA Model Rule 1.18: Duties to prospective client
- ABA Model Rule 1.5: Fees
- ABA lawyer referral directory
This guide is general information, not legal advice. Professional conduct rules vary by state.