12 Critical Questions To Ask Before Hiring A Personal Injury Lawyer In Virginia
Last week a woman called three months after hiring an attorney through a Facebook ad. She hadn't spoken to him once. All calls went to "Case Manager #3." Three months of evidence-gathering wasted while Virginia's two-year clock kept ticking.
She wanted to know if she could start over. She could. But the damage was done.
This happens more than it should. People hire the first lawyer they talk to without knowing what questions actually matter.
After handling car accident cases in Virginia for over a decade, I can tell you exactly what separates attorneys who will fight for you from attorneys who will let your case sit in a file.
Here are the 12 questions you need to ask before hiring anyone.
Quick Reference: 12 Questions At A Glance
How long have you been handling personal injury cases in Virginia?
Do you primarily handle personal injury cases, or do you practice in other areas?
What is your success rate with cases like mine?
How do you charge for your services?
Will you handle my case personally, or will it be passed to someone else?
How will you communicate with me, and how often?
What is your honest assessment of my case?
How long do you expect my case to take?
What is your trial experience?
What happens if we don't recover any money?
Have you handled cases involving Virginia's contributory negligence rule?
Do you have references or reviews I can look at?
1. How Long Have You Been Handling Personal Injury Cases in Virginia?
This isn't "how long have you been a lawyer." This is: how long have you specifically been handling car accident cases in Virginia courts with Virginia's laws?
Why This Matters
Virginia has contributory negligence. If you're even 1% at fault for an accident, you recover nothing. Zero.
I've seen cases where someone was rear-ended at a red light, but insurance argued they "stopped short" and contributed to the collision. That one argument can destroy an entire claim.
An attorney who recently started handling Virginia cases may not understand how aggressively insurance companies use this rule.
What to Ask
"How many Virginia personal injury cases have you personally handled?"
Not "are you licensed in Virginia." How many have you handled from consultation through settlement or trial?
What You Want to Hear
You want someone who has handled dozens (ideally hundreds) of Virginia car accident cases. Someone who knows how local insurance adjusters operate, which defense attorneys are reasonable, and how Virginia judges typically respond to contributory negligence arguments.
2. Do You Primarily Handle Personal Injury Cases, Or Do You Practice in Other Areas?
Some attorneys dabble. They do family law, estate planning, criminal defense, and occasionally take a car accident case.
Personal injury law is complex. Medical records, insurance policy interpretation, settlement negotiation, expert witnesses, trial preparation.
What to Ask
"What percentage of your caseload is personal injury work?"
"How many car accident cases are you actively handling right now?"
What You Want to Hear
You want 80-100% of their practice focused on personal injury. Ideally with car accidents as a core part.
Specialists understand the medicine, the insurance tactics, and the legal strategies that generalists miss.
3. What Is Your Success Rate With Cases Like Mine?
Every case is different, but patterns matter.
A rear-end collision with clear liability is different from a disputed fault case at an intersection. A case with $50,000 in medical bills but the at-fault driver only has $25,000 in coverage requires different strategy than a case with high limits.
What to Ask
"Can you describe cases similar to mine that you've handled recently? What were the outcomes?"
What You Want to Hear
The attorney should describe:
Cases with similar facts
How those cases resolved
What obstacles came up
What strategies worked
Red Flags
Attorneys who guarantee specific settlement amounts or promise "we always win."
Good attorneys tell you what's possible based on evidence. Not what you want to hear.
4. How Do You Charge For Your Services?
Most personal injury lawyers work on contingency. You don't pay unless they recover money. But the details matter.
What to Ask
"What percentage of the settlement do you take?"
"Are costs deducted before or after your fee?"
"What costs am I responsible for?"
The Math That Matters
Example:
Settlement: $100,000
Costs: $10,000
Attorney fee: 33%
If costs are deducted first:
$100,000 - $10,000 = $90,000
Attorney fee: $90,000 × 33% = $29,700
You receive: $60,300
If the attorney fee is calculated first:
Attorney fee: $100,000 × 33% = $33,000
You receive: $100,000 - $33,000 - $10,000 = $57,000
That's a $3,300 difference on the same settlement.
Get It In Writing
The retainer agreement should clearly state the percentage, when it changes (pre-suit vs. post-suit), and how costs are handled.
5. Will You Handle My Case Personally, Or Will It Be Passed to Someone Else?
Big firms advertise everywhere. Then you sign and never speak to the attorney whose face was on the billboard again.
What to Ask
"Will you personally handle my case, or will it be assigned to another attorney?"
"Who will be my main point of contact?"
"If someone else is handling parts of my case, what's their experience?"
What You Want to Hear
The attorney should clearly explain:
What they'll handle personally (consultations, negotiations, court appearances)
What support staff will handle (scheduling, documents, updates)
Who you'll actually talk to when you call
If you're meeting with a senior partner but your case will be handled by a first-year associate, you should know that upfront.
6. How Will You Communicate With Me, And How Often?
Poor communication is the most common complaint about personal injury lawyers.
What to Ask
"How do you prefer to communicate — phone, email, text?"
"How quickly can I expect responses?"
"Will I get regular updates, or only when something major happens?"
What You Want to Hear
Realistic expectations they actually follow through on.
Some attorneys prefer email for written records. Some are fine with texts for quick questions. What matters: they set expectations and keep them.
Red Flags
"You can call anytime" but they never answer
"We'll keep you updated" but you hear nothing for months
All communication goes through a case manager who doesn't know your case
7. What Is Your Honest Assessment of My Case?
During the consultation, an experienced attorney should give you an honest evaluation based on the facts you've provided.
What to Listen For
The attorney should ask detailed questions:
How did the accident happen?
What did you say to police and insurance?
What injuries do you have?
What treatment have you received?
What documentation exists?
Then explain:
Whether liability is clear or could be disputed
How contributory negligence might affect your case
What the available insurance coverage is
What a realistic timeline looks like
What a fair settlement range might be
Red Flags
Attorneys who promise big settlements without reviewing evidence or tell you everything will be easy.
I've had consultations where I told someone their case had serious contributory negligence issues and might not be viable. That's not fun to hear. But it's better than taking their case, charging a fee, and losing because the problem was obvious from the start.
8. How Long Do You Expect My Case to Take?
Personal injury cases don't resolve overnight. Some settle in a few months. Some take a year or more.
What to Ask
"Based on cases like mine, how long does this typically take?"
The Typical Timeline
Medical Treatment (Ongoing): Your case isn't ready until you're done treating or have reached maximum medical improvement.
Gathering Documentation (1-2 months): Medical records, bills, wage loss, police reports, photos, witnesses.
Demand and Negotiation (1-3 months): Submit demand to insurance. Negotiate.
Lawsuit if Needed (6-18 months): If settlement fails, file lawsuit. Discovery, depositions, motions.
Trial (If It Gets There): Most cases settle before trial. Add several more months if yours doesn't.
Factors That Affect Timeline
Still treating? Case can't settle until treatment is done
Fault disputed? Takes longer to resolve
Low policy limits? May need UM/UIM claims
Insurance stalling? Some adjusters drag things out
No attorney can give you an exact date. But they should give you a realistic range.
9. What Is Your Trial Experience?
Most cases settle before trial. But insurance companies know which lawyers are willing to go to court and which aren't.
Why This Matters
If your attorney has never tried a case, insurance has zero incentive to offer fair value. They know your lawyer will eventually take whatever lowball offer they make.
Lawyers who try cases get better settlements because insurance companies know they'll actually fight.
What to Ask
"How many personal injury cases have you taken to trial in Virginia?"
"When was your last trial?"
What You Want to Hear
You don't need an attorney who tries every case. But you want someone who:
Has tried multiple Virginia personal injury cases to verdict
Isn't afraid to file lawsuits when settlement fails
Has recent trial experience (not "I tried a case in 2003")
10. What Happens If We Don't Recover Any Money?
Most personal injury lawyers work on contingency. If you don't win, you don't pay attorney fees. But you may still owe case costs.
What to Ask
"If my case doesn't result in a settlement or verdict, do I owe you anything?"
"Who pays for costs like filing fees, medical records, and expert witnesses if we lose?"
What You Want to Hear
Some attorneys cover costs upfront and only recover them if you win. Some require clients to reimburse costs even if the case is unsuccessful.
Example scenarios:
Case lost at trial. Attorney absorbed $8,000 in costs. Some retainer agreements say you owe nothing. Some say you owe the $8,000.
Get this in writing before signing anything.
11. Have You Handled Cases Involving Virginia's Contributory Negligence Rule?
This is the most important Virginia-specific question.
Virginia is one of only four states that still follows pure contributory negligence. If insurance can prove you were even 1% at fault, your claim is worth zero.
Why This Is High-Stakes
In most states, if you're 20% at fault and the other driver is 80% at fault, you recover 80% of damages.
In Virginia, you recover nothing.
This makes every detail matter:
What you said at the scene
What you told the insurance adjuster
Whether you were speeding (even 5 mph over)
Whether you failed to signal
What to Ask
"How does contributory negligence affect my case specifically?"
"Have you had cases where insurance argued contributory negligence? How did you handle it?"
What You Want to Hear
The attorney should explain:
How contributory negligence works
What specific facts in your case could trigger it
How they plan to counter those arguments
What evidence establishes clear fault against the other driver
Strategies for overcoming contributory negligence:
Challenging fault determinations with evidence
Using police reports and witness testimony
Countering recorded statements
Expert testimony on accident reconstruction
If the attorney doesn't bring up contributory negligence or doesn't seem concerned about it in a disputed liability case, that's a major warning sign.
12. Do You Have References or Reviews I Can Look At?
Past client experiences give you insight into how the attorney actually operates.
What to Ask
"Can you provide references from past clients?"
"Where can I find reviews of your firm?"
What to Look For
Google reviews, Avvo ratings, and state bar records provide information about communication style, responsiveness, and client satisfaction.
Look for patterns:
Do multiple clients mention poor communication?
Do clients feel informed throughout the process?
Are complaints addressed professionally?
Pay attention to how the lawyer responds to criticism. Defensive responses are red flags.
Questions You Should NOT Be Afraid to Ask
This is your case. Your health. Your financial recovery.
Don't be afraid to ask:
"Have you ever been disciplined by the Virginia State Bar?"
"What happens if I'm not happy with how my case is being handled?"
"Can I see a copy of your retainer agreement before I sign it?"
"What is the worst-case scenario for my case?"
A good lawyer welcomes these questions. A lawyer who gets defensive is not the right fit.
Red Flags That Should Make You Walk Away
They guarantee specific outcomes: "We'll get you at least $100,000." No ethical attorney promises results.
They pressure you to sign immediately: "This offer expires today." Quality attorneys don't use high-pressure tactics.
They don't ask detailed questions: If they're ready to take your case after a 10-minute conversation, they don't understand what they're taking on.
They don't explain fees clearly: If you can't understand how you'll be charged, don't sign anything.
They've been disciplined by the state bar: Check the Virginia State Bar website for disciplinary history.
DMV-Specific: Virginia, DC, and Maryland Differences
If you live or work in Northern Virginia, your accident might have happened across state lines. Fault rules differ significantly:
Virginia: Pure contributory negligence (1% fault = no recovery)
DC: Modified contributory negligence (can recover if less than 50% at fault)
Maryland: Contributory negligence (also uses the 1% rule)
A crash on the Virginia side of the Key Bridge follows Virginia's harsh rule. The same crash on the DC side allows recovery even if you were partially at fault.
What to ask: "Are you licensed in Virginia, DC, and Maryland? Have you handled cases in all three jurisdictions?"
Bottom Line
Choosing a personal injury lawyer in Virginia isn't about picking the biggest billboard or the first name on Google.
It's about finding someone who:
Understands Virginia's unique laws (especially contributory negligence)
Focuses primarily on personal injury cases
Has trial experience so insurance takes them seriously
Communicates clearly and keeps you informed
Gives honest assessments instead of false promises
Has a track record with cases similar to yours
The right attorney can mean the difference between recovering fair compensation and walking away with nothing.
Ask the right questions. Listen carefully to the answers. Trust your instincts.
Next Steps
If you've been injured in a car accident in Virginia, DC, or Maryland, and you're looking for an attorney who takes your case seriously, we can help.
At Valor Injury Law, we focus exclusively on personal injury cases. We've handled hundreds of car accident claims across the DMV area. We understand Virginia's contributory negligence law and how to protect your claim from insurance company tactics.
📞 Call (703) 828-0051 to schedule a consultation
We'll walk you through:
Your legal options based on the specific facts of your case
How Virginia's laws affect your recovery
What a realistic timeline and outcome look like
Whether hiring an attorney makes sense for your situation
No pressure. No legal jargon. Just honest answers.
Valor Injury Law represents car accident victims throughout Virginia, DC, and Maryland. We focus exclusively on personal injury cases and have helped families recover millions in compensation after serious injuries.
Disclaimer: This post is for general information only and does not constitute legal advice. Every case is different, and outcomes depend on specific facts and circumstances. Past results do not guarantee future outcomes.