Don’t know what to bring with you for your free case evaluation with a personal injury attorney? Anything that helps prove negligence and damages for your claim, including medical records, documents demonstrating financial losses, and evidence of your pain and suffering. If you have injuries or lost a loved one due to another person’s negligence, you may have the right to file a personal injury or wrongful death claim for your losses. Schedule a free case evaluation.

Free Case Evaluation

The Purpose of Your Free Case Evaluation

The purpose of your free case evaluation with a personal injury lawyer is to review your case, discuss strategy and possible outcomes, assess risks, and decide whether you should pursue legal action. It’s to help you understand your legal rights, including the option to seek financial compensation for your damages. Your free case evaluation also allows you to interview prospective attorneys to determine compatibility and experience handling cases like yours.

Types of Personal Injury Cases Offering Free Case Evaluations

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Not all attorneys offer free case evaluations regarding their services. However, most personal injury lawyers do. They operate within contingent fee arrangements. Working for contingency means they require no upfront costs or out-of-pocket expenses to retain their services. Instead, they will collect their contingent fee from the final compensation before issuing your settlement check.

Contingency fees are not universally set and fluctuate depending on location, experience, and case complexity. Ask prospective attorneys to clarify their contingent fee before retaining their services. Typical types of personal injury cases they offer free case evaluations for are as follows:

Wrongful death is another case of personal injury. Lawyers assist grieving family members in recovering compensation when the negligent or intentional act of another causes their loved one’s death.

What to Bring With You for Your Free Case Evaluation 

Knowing what to bring with you for your free case evaluation ensures you are prepared, optimize your time, and leave feeling assured and informed. It also paints a clearer picture of your personal injury case and lets your lawyer start immediately.

You should bring insurance information, police or accident reports, witness contact details, medical records and bills, documentation of injuries and property damages, proof of income losses, and evidence of pain and suffering. Finally, come prepared with a list of questions. You don’t want to forget to get crucial information that helps you make an informed decision about retaining legal counsel.

Insurance Information

Start by providing your attorney with the at-fault party(s) insurance information and your policy information. Include your auto and health insurance information. If you’ve already filed claims with your auto insurer, bring documentation of emails or letters they’ve sent regarding your claim.

Depending on the nature of your accident and the type of coverage you carry, your lawyer may find multiple avenues for recovering financial compensation for your losses. Coverages that your lawyer can explain and file claims through include:

  • Personal Injury Protection (PIP): Coverage that protects you regardless of who is at fault in a motor vehicle accident. PIP is mandatory in some states and optional in others. It covers economic losses after an accident, including vehicle repairs, medical bills, and income losses. It also covers funeral expenses in the event of a fatal collision. 
  • Uninsured/Underinsured Motorist (UM/UIM): UM/UIM is mandatory in some states and optional in others and generally covers bodily injury for you and your passengers and property damage in a motor vehicle collision. It covers accidents when drivers are uninsured, don’t have enough coverage, or when you’re a hit-and-run victim. It also covers final arrangement costs in the event of wrongful death. 
  • Medical Payments (MedPay): Optional coverage that covers you and your vehicle’s passengers and if you are injured as a passenger in another vehicle or as a pedestrian. This insurance coverage pays for medical bills and funeral expenses. It does not pay for property damages. 

None of these coverages will pay for your pain and suffering. Your lawyer will find other methods to secure those damages. Bring your policy coverage information so your lawyer can explore all possibilities. Your health insurance may cover medical treatment and rehabilitation expenses but also place a lien against your settlement to recover those costs later. Bring your health insurance policy information.

Your Detailed Personal Accounting of the Accident

Your personal account of the accident while the details are fresh in your mind is an imperative piece of evidence. Write down everything you remember about the accident, being as specific and detailed as possible.

You’d be surprised how quickly you forget important details of an event, especially traumatic ones. You should prioritize writing an account of your accident immediately following. Include pertinent information, such as the incident’s date, time, and location.

Police or Accident Report

Depending on the nature of your accident, there should be a police or accident report. The information in these documents may significantly help your personal injury attorney understand the incident and provide clarity on how to proceed. You must file a police report if you have experienced bodily injury or death after a car accident.

Witness Contact Details

Police reports often include witness contact information and statements taken at the accident scene. In addition to those statements, bring any contact information you collected from bystanders who may not have had their statements taken. Your lawyer will contact all witnesses to confirm testimony and gather new information that proves helpful in establishing liability.

Medical Records and Bills

A central part of your personal injury case is your medical records and healthcare bills. They detail the injuries that have created the damages for which you’re seeking compensation in your case. You want to provide any documentation of diagnosis, including medical, disability, and mental health, medical treatment, and how much your healthcare has cost.

These documents may involve rehabilitation records, such as physical therapy, orthopedic care, massage, and chiropractic adjustments. It also includes billing statements, hospital discharge summaries, notes from your physician, imaging of injuries, and receipts for copays and prescription costs.

Documentation of Injuries

In addition to detailed medical records documenting your injuries, you should bring any photos or video evidence with you for your free case evaluation. Pictures of injuries immediately following the accident and video documenting how the injuries affect your daily life help establish their severity and the extent of impact they have on your life.

Proof of Income Losses

If your injuries caused you to miss work, you must provide proof of those income losses. Depending on the severity of your injuries, these losses may include:

  • Lost hourly wages or annual salary
  • Lost overtime
  • Lost non-salary compensation—tips, commissions, and bonuses
  • Lost vacation days, sick leave, and paid time off (PTO)
  • Lost benefits—healthcare, retirement, and pension
  • Lost progress toward promotion and raises
  • Diminished or lost earning capacity 

You’ll want to bring anything you can to prove these losses, such as your pay stubs, bank statements (reflecting direct deposits), tax returns, an employer lost income statement (especially regarding lost promotions), and 1099s for self-employed accident victims.

Documentation of Property Damages

If your accident involves property damages, you’ll want to bring evidence of those damages with you for your free case evaluation. Evidence may include vehicle repair statements, rental car or rideshare costs while without a vehicle, estimates for property damage, and receipts for property replacement, such as car seats, glasses, clothing, and cellular phones.

Evidence of Pain and Suffering

Seek Medical Treatment

Pain and suffering are non-economic damages incurred due to an accident. They include physical, emotional, and psychological pain and can be more challenging to prove. The primary reason is that they are not quantifiable with invoices and receipts.

Your lawyer establishes these damages with detailed medical records, expert witness testimony, and your pain and suffering journal. Things you should include in your pain journal are as follows:

  • Pain levels on a scale of 1-10 (10 being the worst)
  • Date and time when the pain occurs
  • Type of pain—dull, sharp, throbbing, radiating, achy
  • Location and duration of the pain
  • Activities that aggravate or worsen
  • Remedies that lessen pain—icing, heat pads, breathing exercises
  • Emotional and psychological effects of the pain
  • Inability to perform daily tasks or work-related duties
  • Date and time of sleep disturbances
  • Record of symptoms—numbness, tingling, headaches, dizziness
  • Treatments for pain—chiropractor, massage, physical therapy
  • Pain medications you take to alleviate pain—including dosage, frequency, side effects, and dependency

If your loved one kept a pain and suffering journal following an accident leading to their wrongful death, you should provide that valuable piece of evidence to your attorney. Bring it to your free case evaluation so they can see what your loved one endured. You may also keep a pain journal documenting your emotional and psychological damages while grieving the tragic loss of a loved one to establish your damages.

A List of Questions

You likely have many questions about what comes next. Write them down and bring them with you to your free case evaluation. You don’t want to forget to ask anything when you meet your personal injury attorney. Don’t hesitate to ask questions. You should understand the insurance claims and legal processes regarding your personal injury case. You should also feel confident about who is representing you or your loved one’s interests.

Questions to Ask Your Lawyer at Your Free Case Evaluation

Coming prepared with questions ensures you leave your free case evaluation informed and confident about your decision to hire or decline to work with a personal injury attorney. Several categories of questioning exist to help you understand who you’ll be working with, such as:

  • Questions Assessing Knowledge and Experience: You want a lawyer with claim knowledge and experience handling cases like yours. Ask questions confirming that they have experience with cases similar to yours and about their success rates. Ask them to share past case examples and settlements. A trial isn’t always necessary, but having trial experience is a must.
  • Questions Assessing Your Case: It’s important to understand the specifics of your case, including the potential outcomes, strengths and weaknesses, and possible risks or legal challenges you may face. Ask prospective personal injury lawyers to clarify these things at your free case evaluation.
  • Questions Regarding Your Legal Strategy: Knowing how an attorney plans to proceed with your case is imperative before trusting them to secure compensation for your losses. Ask them what strategy they recommend for your case, how they will approach negotiations with liable parties, and what legal arguments they may use to win your case. 
  • Questions Concerning Deadline and Timeline: Ask lawyers to clarify state statutes of limitations and other legal deadlines regarding your personal injury case to understand its potential timeline. Ask how long they anticipate the case taking, what steps are involved in the process, and about your involvement.
  • Questions Regarding Fee Structure: While most personal injury lawyers work on contingency, it’s important to have them clarify their fee structure. You don’t want any surprises. Ask them how much they charge for their services, if there are additional costs associated with court, and if they work for contingent fees. 
  • Questions Concerning Communication: Communication and compatibility are important. Ask prospective personal injury attorneys how often they will update you on your case and what methods they will use to communicate with you. Will they answer your emails or phone calls? You should know these before hiring an attorney.

Having a written list of questions helps ensure you do not forget to ask anything relevant to your case. Clarity and peace of mind is important. If an attorney seems bothered by your line of questioning, they are not the right fit for you. A good lawyer will listen with compassion while devising a plan to recover compensation for your losses. You should never feel like you’re inconveniencing them by asking questions.

Schedule Your FREE Case Evaluation

Now that you know what to bring with you for your free case evaluation, schedule your consultation today. Your personal injury attorney will appreciate your attention to detail and better assist you quickly because of it.

Free Case Evaluation

Jeff Robinette professional headshot - West Virginia personal injury attorney
( West Virginia Personal Injury Attorney )

Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.