As of 2024, IBISWorld estimates there to be approximately 50,286 personal injury law businesses across the US. The number of these businesses grew by an average of about 0.6% a year from 2019 to 2024.
About 50,000 businesses across the country make it tricky to pick a personal injury lawyer, particularly for first-timers. The CDC estimated 43.5 million emergency department visits for injuries in 2022. Not every injury leads to a claim, but for those that do, clients often have to choose while still recovering.
It's difficult to know how to choose a personal injury lawyer after an injury, especially since each situation is unique. A few checks can narrow the choice.
The Regulator Is the Only Source Here That Is Not Marketing
In every state, there is a licensing board and a public record of discipline. In Montana, the Supreme Court appoints the Office of Disciplinary Counsel and directly supervises it. The office handles complaint intake, investigations, prosecution of disciplinary proceedings, and matters involving possible attorney disability, along with escrow account overdraft notifications.
That last item is worth pausing on. Trust account overdrafts get reported to the regulator automatically, which means the body holding a lawyer's discipline record is notified when that account is overdrawn.
A license lookup takes a few minutes and returns the admission date, current status, and any public discipline. It is the only input in this process that nobody paid for, and its result may vary by state.
Practice pages sit at the other end of that spectrum, and they are useful for a different reason.
Practice lists show what a firm will accept. A Montana personal injury lawyer at Bliven Law Firm, P.C. lists vehicle and truck collisions, construction, railroad, and industrial injuries, product liability, bad faith insurance, and mass tort work. A broad list says what the firm will take. It does not say what the firm handles most often, which is usually the more useful question.
The Fee Agreement is a Document With Rules Attached
Contingency arrangements get described as simple and are governed in detail. According to California law, contingency fee agreements must be in writing. The client and attorney must both sign the agreement, and the client must receive a copy of it at the time of signing.
Contracts must outline the contingency fee rate and clearly specify how costs affect the amount of money the client recovers. Outside medical malpractice claims, the contract must also state that the fee is not set by law and is negotiable between attorney and client.
A contingency agreement that breaks the statute's rules can be cancelled by the client. The lawyer is then limited to a reasonable fee.
Not Every Line on a Credentials Page Means the Same Thing
Attorney profiles tend to present three different kinds of item in one list, and they are not equivalent.
Bar admissions and federal court admissions are regulated and verifiable. These records indicate where someone can actually appear.
Trial lawyer association memberships are real organizations, and many are open to lawyers who pay dues. They indicate affiliation.
Directory ratings and badges provide another layer of information. Rating sites often use more than one ranking system. Some use algorithms, others rank listings according to whether someone paid a fee, and some rely on peers' opinions of each other. The bar does not regulate the rating sites, but lawyer advertising rules may govern how lawyers describe those rankings.
Sorting a profile into these groups takes about a minute and changes how the page reads.
What a Consultation Actually Tells You
Three questions do most of the work, and none are about the merits.
Who does the daily legwork? The lawyer whose name is on the sign may not be the person a client speaks with day to day. That is not necessarily a problem, but it is better to know before signing than after.
How the firm resolves cases. A practice that tries cases and a practice that settles them both have a place, and a file with a disputed liability picture is a different proposition in each.
How costs work. Filing fees, expert fees, and record charges get advanced by somebody, and whether they come off the top or off the client's share is a real number rather than a formality.
Law firms are managing many injury claims at any given time. Often, clients of a firm have never hired an injury lawyer before. However, a few things can help improve the client’s understanding. First, licensing agencies typically publish attorneys' status along with any public discipline against them. Second, California and Montana both require a written agreement in contingency cases. In Montana, the agreement must be signed by the client and state how the fee is determined and which expenses are deducted from the recovery. Lastly, three questions at the consultation can show who will handle the file, how the firm resolves cases, and how case costs are paid.