You’ve been hurt in an accident, and now you’re facing one of the most important decisions in your recovery: choosing the right personal injury lawyer. The attorney you select will directly impact your compensation, your stress level during the case, and ultimately, your ability to move forward with your life.
Most people walk into their first consultation unprepared, hoping the lawyer will guide the conversation. That’s backwards. This meeting is your opportunity to interview them—to determine if they have the experience, resources, and commitment to fight for what you deserve. In Las Vegas, where insurance companies have teams of lawyers protecting their profits, you need an advocate who knows exactly how to level the playing field.
The questions you ask during your consultation will reveal whether a lawyer is truly capable of handling your case or simply looking for a quick settlement. Being prepared transforms you from someone asking for help into someone making a strategic hiring decision. With 40 years of experience representing injury victims in Nevada, Jack Bernstein has seen how the right questions can make all the difference in choosing representation that actually protects your interests.
Before you meet with any personal injury lawyer, arm yourself with the essential questions that separate experienced advocates from those who might leave money on the table—or worse, mishandle your case entirely.
What to Bring to Your Personal Injury Lawyer Consultation
Walking into a lawyer’s office empty-handed is like showing up to a job interview without a resume. The documents and information you bring directly impact how well the attorney can evaluate your case—and whether they can start fighting for you immediately. Preparation also signals that you’re serious about your case, which matters more than most people realize.
Essential Documents and Information Checklist
The Non-Negotiables:
- Police report (even if you only have the report number)
- Photos of the accident scene, vehicle damage, and injuries
- Your insurance policy declaration page
- The other driver’s insurance information
Medical Documentation:
- Emergency room records
- Doctor visit summaries
- Prescription receipts
- Physical therapy notes
- Medical bills (organized by provider)
Financial Impact Evidence:
- Recent pay stubs (at least 3 months worth)
- Letter from employer about missed work
- Self-employment income records if applicable
- Receipts for accident-related expenses (Uber rides to appointments, medical equipment, etc.)
Communication Records:
- Any correspondence with insurance companies
- Text messages or emails with the other party
- Witness contact information and statements
Can’t find everything? Don’t cancel your consultation. Bring what you have. A good attorney can help you obtain missing documents, but they need to know what’s missing.
Common Mistakes to Avoid Before Your Meeting
The period between your accident and your first legal consultation is critical. Insurance companies count on accident victims making mistakes during this vulnerable time.
Already Happened? Don’t Panic
If you’ve already given a recorded statement to the insurance company, tell your attorney immediately. They need to know what you said to protect you from having your words twisted. The same goes for quick settlement offers—even if you’ve verbally agreed, nothing is final until you sign.
Social Media Can Destroy Your Case
Insurance investigators check Facebook, Instagram, and TikTok. That photo of you at your cousin’s wedding, forcing a smile through the pain? They’ll claim you’re “clearly not injured.” Set all profiles to private and stop posting about your accident, injuries, activities, or case.
The “Wait and See” Medical Trap
Delaying treatment doesn’t show you’re tough—it suggests you weren’t really hurt. Nevada insurance adjusters use treatment gaps to argue your injuries aren’t serious or were caused by something else. If you’re hurting, see a doctor. Period.
Critical Questions About Your Case and Its Value
The difference between a strong case and no case often comes down to three elements your lawyer must prove: someone else was at fault (liability), you suffered real harm (damages), and the responsible party can actually pay (collectability). Understanding these fundamentals helps you ask the right questions and recognize when an attorney is being straight with you.
“Do I Actually Have a Valid Personal Injury Case?”
The Three-Legged Stool Test
Every personal injury case stands on three legs:
- Liability – Someone else’s negligence caused your accident
- Damages – You suffered measurable harm (medical bills, lost wages, pain)
- Collectability – The at-fault party has insurance or assets
Remove any leg, and your case collapses.
Nevada’s Comparative Fault Rule
In Nevada, you can be partially at fault and still collect compensation—but there’s a critical line. If you’re 51% or more responsible for the accident, you collect nothing. If you’re 20% at fault, your compensation drops by 20%.
Example: You’re awarded $100,000, but the jury finds you 20% at fault for speeding. You receive $80,000.
Questions That Reveal Case Strength:
- “Based on similar cases you’ve handled, what percentage of fault might they assign to me?”
- “What evidence do we have that proves the other party’s negligence?”
- “Are there any factors that could eliminate or reduce my claim?”
Red Flag Alert: Any lawyer who immediately says “You definitely have a case!” without reviewing evidence is more interested in signing you up than giving honest advice.
“What’s My Case Realistically Worth in Nevada?”
Many personal injury settlements are smaller than people expect, which is why it’s critical to understand all the factors that determine your case’s unique value. Your attorney should explain how Nevada law calculates both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering) based on your specific injuries and circumstances.
Insurance Companies and Settlement Reality
Insurance companies are businesses designed to maximize profit. They employ teams of adjusters trained to minimize payouts. The first settlement offer typically represents a fraction of your case’s true value—they’re hoping you’re desperate enough to accept it.
Nevada law requires all drivers to carry liability insurance, but the minimum coverage is often tragically insufficient to cover the full cost of serious injuries. Your attorney should investigate all available insurance coverage, including your own underinsured motorist policy.
Smart Questions About Value:
- “What are the policy limits we’re working with?”
- “How do my specific injuries typically value in Nevada courts?”
- “Should we investigate the defendant’s personal assets?”
- “What’s the difference between settling now versus going to trial?”
Key Questions About Your Claim and the Firm
Practical Case Concerns
“Will you handle my property damage claim too?” Some firms handle vehicle damage claims as part of their service, while others focus solely on injury claims. Knowing this upfront prevents surprises and helps you plan.
“My accident involved an Uber/Lyft—how does that change things?” Rideshare accidents involve multiple insurance policies and complex liability issues. Ensure your attorney has specific experience with these cases in Las Vegas.
“Do you handle my specific type of accident?” Whether it’s a car accident, motorcycle crash, truck collision, slip and fall, or another type of incident, confirm the attorney has substantial experience with your particular situation. Different accident types require different expertise and strategies.
“Have you successfully handled cases against [specific insurance company]?” Insurance companies track which attorneys are willing to take cases to trial versus those who prefer quick settlements. Your attorney should know your insurance company’s tactics and have a track record of success against them.
“How many active cases are you personally handling?” This reveals whether you’ll receive personal attention or be passed to paralegals. There’s no perfect number, but an attorney juggling 200 cases can’t provide the same attention as one managing 50.
Understanding Attorney Fees and Costs
Money conversations feel uncomfortable, but avoiding them leads to nasty surprises. Nevada personal injury lawyers work differently than divorce or business attorneys—understanding how prevents sticker shock and helps you compare lawyers accurately.
“How Do Personal Injury Lawyers Get Paid?”
The Contingency Fee Structure
Personal injury attorneys take a percentage of what they win for you:
- Standard rate: 33.33% (one-third) if case settles
- Trial rate: 40% if case goes to trial
- You lose = You pay nothing in attorney fees
“What Hidden Costs Should I Ask About?”
Attorney fees are just one piece. Case costs (filing fees, medical records, expert witnesses, depositions) can add up. Most firms advance these costs and recoup them from your settlement, but confirm this in writing.
Questions That Prevent Surprises:
- “Do you advance all costs, or will I receive bills during the case?”
- “What’s the typical total cost for a case like mine?”
- “If we lose, am I responsible for any costs?”
- “Can you put this fee structure in writing today?”
Get It In Writing: Reputable attorneys always provide written fee agreements for contingency cases. Never work with a lawyer who won’t provide a clear, written fee agreement before you sign anything.
Questions About Their Experience and Track Record
Experience matters, but the right kind of experience matters more. A lawyer who’s handled 1,000 divorce cases won’t help your motorcycle accident claim. You need someone who’s won cases like yours, against insurance companies like the one you’re facing, in courts where your case will be heard.
“Have You Won Cases Like Mine Before?”
Vague answers hide weak experience. Push for specifics about their experience with your exact type of accident and injury. Insurance companies track which attorneys are willing to take cases to trial versus those who prefer quick settlements. When certain names appear, they adjust their offers accordingly.
The Questions That Reveal Truth:
- How many [specific accident type] cases have you handled?
- What were the last three settlement amounts for similar injuries?
- Have you taken cases like mine to trial, or do you always settle?
- Which insurance companies have you beaten in court?
“How Will You Handle My Specific Case?”
Strategy separates good lawyers from case processors. You want someone who sees your unique situation, not just another file number.
While every case is different, most personal injury claims resolve within one to two years. Simple cases may settle faster, while complex cases that go to trial can take longer. Your attorney should explain their specific strategy for your case and set realistic expectations.
Communication is Everything
Get specific commitments about:
- Who will be your day-to-day contact
- How often you’ll receive updates
- Response time for your calls and emails
- Whether you can text questions
Test Them Now: How quickly did they return your initial call? How organized is their office? First impressions predict future service.
Medical Bills and Financial Concerns During Your Case
The core anxiety every accident victim faces: “How do I get treatment without going into debt?” Your attorney should have a clear, simple answer.
“What Happens to My Medical Bills While We Wait?”
Good attorneys have relationships with medical providers who understand the personal injury process. They arrange for treatment to continue without upfront payment through:
- Your health insurance (with reimbursement from settlement)
- Medical liens (providers wait for payment)
- Letters of protection (attorney guarantees payment from settlement)
Act fast—some medical providers send bills to collections in as little as 90 days. Your attorney should immediately communicate with providers to prevent credit damage.
Essential Questions:
- “Which doctors in your network match my injuries?”
- “What happens if my case loses—do I still owe?”
- “Can you negotiate medical bills down after settlement?”
Red Flags: When to Find a Different Lawyer
Your gut instinct during a consultation is usually right. When something feels off, it probably is.
Warning Signs During Your Consultation
Red Flags That Should Send You Running:
🚩 Pressure to sign immediately (“this offer expires today!”)
🚩 Guarantees about specific dollar amounts
🚩 Won’t put fee agreements in writing
🚩 No specific experience with your injury type
🚩 Office chaos or unprofessional staff
🚩 Delegates your consultation to a paralegal
🚩 Can’t explain their strategy clearly
Questions They Should Be Asking You
A thorough attorney investigates before accepting cases. They should ask detailed questions about:
- Your medical history and current treatment
- The accident circumstances
- Available evidence and witnesses
- Your insurance coverage
- Your financial needs and goals
The One-Question Test: Ask “What challenges do you see with my case?” Good lawyers identify potential problems immediately. Great lawyers explain how they’ll overcome them.
Next Steps: Making Your Decision and Moving Forward
The 24 hours after meeting lawyers are critical. Details fade. First impressions blur. Strike while your observations are fresh.
Your Action Plan:
- Compare and Decide
- Interview at least 2-3 attorneys
- Note impressions immediately after each meeting
- Trust your instincts but verify credentials
- Check the Nevada State Bar for any disciplinary actions
- Don’t Wait Too Long
- Evidence disappears (surveillance footage, skid marks, witness memories)
- Nevada’s statute of limitations applies to all cases
- Insurance companies use delays against you
- Medical treatment gaps hurt your credibility
- What Happens When You Choose Jack Bernstein
- Immediate representation letters to all insurance companies
- Evidence preservation begins within 24 hours
- Medical record collection starts
- Direct line of communication established
Your Ongoing Responsibilities:
- Follow all medical treatment plans exactly
- Document everything (photos, receipts, pain levels)
- Stay off social media completely
- Never speak to insurance adjusters without your attorney
- Be completely honest with your legal team—always
The right lawyer doesn’t just handle your case; they guide you through one of life’s most challenging experiences with expertise and genuine care.
Ready to Ask the Right Questions?
If you’ve been injured and are reading this, you’re already taking the right steps. Knowledge protects you. Preparation empowers you. The right attorney amplifies both.
Jack Bernstein has spent 40 years refining his approach to personal injury cases. His team understands that behind every case is a person needing both legal expertise and genuine support.
Call (702) 633-3333 for your free consultation. Bring this list. Bring your documents. Most importantly, bring your questions.
Because in personal injury law, the right questions lead to the right lawyer. And the right lawyer makes all the difference.
Jack’s got your back.
