The free consultation is your interview of the attorney, not the other way around. The right train accident attorney will answer every one of these plainly. Evasive or vague answers — especially about money — are themselves the answer. Print this list and take it to every consultation.
Experience & track record (the questions that actually predict results)
- How many train or railroad cases have you personally handled? Not the firm — the individual attorney who will own your file.
- Have you sued this specific transit agency or railroad before? Suing the MTA is different from suing Amtrak, which is different from a freight carrier. Direct experience against your defendant is gold.
- What were the outcomes of cases like mine? Ask for ranges and examples, not guarantees. Anyone who promises a number is a red flag.
- Do you have rail-engineering and accident-reconstruction experts you work with? Derailment and crossing cases are won on expert proof.
- Will you take my case to trial if needed, or do you only settle? Defendants pay more when they know your attorney actually tries cases.
Fees, costs & your net recovery
- What is your exact contingency percentage? Most are 33%–40%. Get the number in writing.
- Does the percentage increase if we file a lawsuit or go to trial? Many agreements are tiered. Know the trigger.
- Are case costs deducted before or after your fee is calculated? This single detail can swing your net by thousands — test it in the fee calculator.
- Who pays the case costs if we lose? A client-friendly answer is "we absorb them." Get it in writing.
- How aggressively do you negotiate medical liens? Lien reduction often adds more to your pocket than fee haggling.
Process & communication
- Who will actually handle my case day to day? If it is an associate or "case manager," meet them.
- How and how often will you update me? Set expectations now to avoid frustration later.
- What is my filing deadline, and have we protected it? Cross-check against the statute of limitations by state — transit-agency notice can be due in 90 days.
- What is my case realistically worth, and what could reduce it? Honesty about weaknesses is a good sign.
- Can I have a copy of the retainer agreement to read before signing? Always yes. Never sign under pressure.
Printable checklist
Bring all 15 questions plus your accident date, the rail line or agency involved, a list of your injuries and providers, and any police or incident report number. The more organized you are, the more useful the consultation — and the better the attorney can spot your deadline.
How to score the answers (green flags vs. red flags)
Asking the questions is only half the job — you have to read the answers. Use this quick rubric. Strong railroad attorneys give specific, verifiable answers; weak ones give vague reassurance and change the subject to their advertising.
| Topic | Green-flag answer | Red-flag answer |
|---|---|---|
| Railroad experience | “I’ve handled X cases against [the agency]; here are two outcomes” | “We handle all injury cases” with no rail specifics |
| Fee & costs | A number, in writing, and who pays costs if you lose | “Standard rate, don’t worry about it” |
| Your deadline | Names your notice window and how they’ll protect it | Cannot state your deadline on the spot |
| Who handles the file | Introduces the actual attorney/paralegal | Vague “our team” with no names |
| Case value | Honest range and the weaknesses | A guaranteed figure or “millions, easy” |
How to follow up: when an answer is vague, ask one concrete follow-up — “Can you give me a specific example?” or “Will you put that fee in the retainer?” An attorney who gets defensive at a reasonable follow-up is showing you how they’ll communicate for the next two years. A simple way to decide: give each of the five topics above a green / yellow / red. Two or more reds is a reason to keep interviewing — consultations are free, and the red-flags guide covers the disqualifying ones.
A worked exchange
You: “How many cases have you handled against NJ Transit specifically?”
- Green: “Four in the last six years — two settled pre-suit, one went to mediation, one we’re still litigating. NJ Transit requires a notice of claim within 90 days, so the first thing we’d do is file that.” (Specific, names the deadline, shows process.)
- Red: “We’ve done tons of injury cases, you’re in great hands.” (No number, no agency, no deadline — ask for specifics, and if none come, move on.)
Run the same pattern on fees and on your filing deadline. The goal is not a perfect score — it is catching the attorney who cannot back up the marketing before you sign.
Frequently asked questions
What is the single most important question to ask?
How many cases the attorney has personally handled against the specific railroad or transit agency in your case. Agency-specific experience predicts results far better than general injury volume.
Should I ask about the contingency fee percentage?
Yes — the exact percentage, whether it rises at trial, whether costs come out before or after the fee, and who pays costs if you lose. See the fee calculator.
Is it rude to interview multiple attorneys?
Not at all. Consultations are free and comparing two or three lawyers is smart. It helps you find real railroad experience over the biggest advertiser.
