Oct 15, 2025 Articles

What are the common mistakes to avoid when hiring an accident attorney (2025)

Hiring the wrong accident attorney can cost you thousands of dollars — or even your entire case. Unfortunately, many injury victims choose a lawyer based on quick promises, or low fees instead of credentials that actually matter.

Quick Answer: Biggest Mistakes People Make When Hiring an Accident Attorney

  • Choosing a lawyer who settles quickly and avoids trial
  • Paying upfront fees instead of contingency-based representation
  • Not checking the firm’s resources and ability to fund expert testimony
  • Hiring someone who doesn’t communicate or keep clients updated
  • Falling for “discount attorneys” who lack motivation to fight for maximum compensation

Below, we’ll break down each mistake — and show you how to avoid them.

Mistake #1: Choosing an Accident Attorney Without Proven Personal Injury Experience

Many people assume any lawyer can handle an injury claim. That’s a costly assumption.

Personal injury law is highly specialized. Insurance companies track attorneys and know exactly which ones are willing to fight — and which ones will fold.

What to do instead: Choose a lawyer who focuses exclusively on accident and injury cases and has handled claims similar to yours (car accidents, trucking cases, slip-and-falls, etc.).

 

Mistake #2: Hiring a Lawyer Who Settles Quickly and Avoids Trial

Insurance companies love attorneys who never go to court — because they know those lawyers will accept low offers.

If your attorney is afraid of trial, your settlement will suffer.

What to do instead: Ask directly, “How many cases have you taken to trial in the last few years?” If they dodge the question, move on.

 

Mistake #3: Agreeing to Pay Upfront Fees

Legitimate personal injury lawyers work on contingency — meaning you pay nothing unless they win.

If a lawyer asks for a retainer or hourly billing on an injury case, that’s a red flag.

What to do instead: Only work with firms that clearly state “No fee unless we win.”

 

Mistake #4: Hiring a Lawyer Without the Resources to Fight Insurance Companies

Strong cases require expert witnesses, accident reconstruction, and medical documentation. Some attorneys don’t have the financial backing to handle complex claims — so they push clients to settle early.

What to do instead: Choose a firm with a proven reputation, support staff, and access to medical and investigative experts.

 

Mistake #5: Working With a Lawyer Who Doesn’t Communicate

One of the most common complaints clients have is “I never hear from my lawyer.”

Poor communication leads to stress, confusion, and even missed deadlines.

What to do instead: Look for an attorney who offers regular updates, quick responses, and treats you like a partner — not a case number.

 

Mistake #6: Falling for “Discount” Lawyers Who Promise Lower Fees

A lower fee sounds great — until you realize you received a lower settlement.

A 5% savings on attorney fees is meaningless if your lawyer leaves tens of thousands on the table.

What to do instead: Judge based on results, reputation, and care for clients, not just price.

 

Why Tennessee & Mississippi Accident Victims Choose John Michael Bailey Injury Lawyers

At John Michael Bailey Injury Lawyers, we help clients throughout Tupelo and Memphis avoid these common hiring mistakes.

  • Decades of exclusive personal injury experience
  • Willing to take cases to trial — and win
  • Zero upfront fees — you pay only if we win
  • Full investigative resources and expert backing
  • Direct communication with our legal team — 24/7

Don’t Let the Wrong Lawyer Cost You Your Case

Before you hire an accident attorney, get real answers — not sales pitches.

📞 Call John Michael Bailey Injury Lawyers today for a free, no-obligation consultation.
Memphis: 901-529-1111 | Tupelo: 662-407-0090

Or start online at CallJMB.comwe’ll review your case for FREE and help you avoid costly mistakes.

FAQ Section: Common Questions About Hiring an Accident Attorney

  1. How can I verify a personal injury lawyer’s track record?

    Ask for recent case results, settlements, or verdicts. You can also check court records or attorney profiles on state bar websites. A trustworthy lawyer will be transparent about their wins.

  2. Should I avoid attorneys who promise a quick settlement?

    Be cautious. Fast resolutions often mean accepting lowball offers. A good attorney will move efficiently but won’t rush your case at the expense of fair compensation.

  3. Is it normal for an accident attorney to charge upfront fees?

    No. Reputable personal injury lawyers work on contingency, meaning you don’t pay unless they win your case. If a lawyer asks for retainers or hourly billing, that’s a red flag.

  4. What red flags should I look for during the initial consultation?

    Watch out for attorneys who avoid answering direct questions, don’t explain the legal process clearly, or push contracts before understanding your case.

  5. Can I switch attorneys if I realize I hired the wrong one?

    Yes. You have the right to change lawyers at any time if you’re unhappy with communication, effort, or results. A new attorney can handle the transfer of case files.

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