Consultation scheduled. You need attorney. But how do you know this attorney is the right one?
Most personal injury attorneys handle car crashes. Some handle truck crashes. Few specialize in motorcycle crashes. The difference matters – motorcycle dynamics, rider bias, helmet cam evidence, lane positioning analysis require specific knowledge general PI attorneys don’t have.
Beyond motorcycle experience, you need to know: trial record (do they actually try cases or settle everything cheap?), fee structure (gross vs net calculation matters), case load (will senior attorney handle your case or dump it on junior associate?), communication frequency, and timeline expectations.
This guide lists critical questions to ask before signing representation agreement, red flags that should make you walk away, and how to evaluate attorney’s answers.
Critical Questions About Experience
Question #1: “How many motorcycle accident cases have you handled?”
Not “personal injury cases” – specifically motorcycle cases.
Good answer: “I’ve handled 50+ motorcycle cases over past 10 years, representing riders in crashes ranging from minor road rash to wrongful death.”
Bad answer: “I handle all types of personal injury.” (Translation: mostly car crashes, occasional motorcycle case.)
Why this matters: Motorcycle crashes require different expertise:
- Understanding motorcycle dynamics (countersteering, cornering physics, braking limitations)
- Countering anti-rider bias (“reckless biker” stereotype)
- Analyzing helmet cam footage (knowing what motorcycle video shows vs car video)
- Understanding lane positioning (legal vs illegal, safe vs unsafe)
- Gear damage assessment (helmet, jacket, boots tell crash story)
Attorney who handles car crashes exclusively doesn’t know these nuances.
Follow-up: “Are you a motorcycle rider yourself?”
Not required, but helps. Rider-attorney understands what non-rider attorney must learn from experts.
Question #2: “What’s your trial record in motorcycle cases specifically?”
Good answer: “I’ve tried 8 motorcycle cases to verdict in past 5 years. Won 6, lost 2. Average verdict $280,000.”
Specific numbers. Honest about losses (no attorney wins 100%).
Bad answer: “I’ve tried hundreds of cases.” (Vague. Doesn’t say motorcycle cases. Might mean car crashes.)
OR
“I settle all my cases – going to trial means I failed to negotiate properly.” (Red flag. Attorney who never tries cases has no trial leverage. Insurers know they’ll settle cheap.)
Why this matters: Trial record creates settlement leverage. Insurer knows attorney will actually try case if settlement inadequate. Offer increases.
Attorney with zero trial experience? Insurer lowballs confidently.
Follow-up: “When was your last motorcycle trial?”
If answer is “2015” and it’s 2024, trial skills are rusty. Recent trial experience matters.
Question #3: “Do you handle cases in [county where crash occurred]?”
Georgia is venue-specific. Fulton County juries differ from rural South Georgia juries. Local rules differ between courts.
Good answer: “Yes, I regularly practice in [county] Superior Court. I know the local judges and jury pool tendencies.”
Bad answer: “I can handle cases anywhere in Georgia.” (True legally, but local knowledge matters.)
Why this matters: Local attorney knows:
- Which judges are plaintiff-friendly vs defense-friendly
- Jury demographics (urban vs rural affects verdict values)
- Local court rules (motion practice procedures differ)
- Defense attorneys (reputation, settlement tendencies)
Out-of-county attorney must learn all this from scratch.
Critical Questions About Fees and Costs
Question #4: “What’s your contingency fee percentage?”
Standard Georgia answer: “33⅓% if settled before lawsuit, 40% after lawsuit filed.”
Negotiation opportunity: If case has clear liability and high value (e.g., $500,000+ potential), ask: “Would you consider 30% given case strength?”
Some attorneys flex on strong cases.
Question #5: “Is fee calculated on gross recovery or net recovery after costs?”
Better answer: “Net. We deduct costs first, then calculate fee on remaining amount.”
Worse answer: “Gross. Fee calculated on total settlement.”
On $100,000 settlement with $8,000 costs:
- Net calculation: You get $61,640
- Gross calculation: You get $59,000
$2,640 difference. (See Post #26 for math.)
Question #6: “Who pays costs and when?”
Good answer: “I advance all costs. They’re reimbursed from settlement. If we lose, you owe nothing.”
Bad answer: “You reimburse costs as we incur them, win or lose.”
Standard practice: attorney advances costs, absorbs loss if case unsuccessful.
Question #7: “What do costs typically run for case like mine?”
Honest answer: “For moderate motorcycle injury with surgery, costs typically $8,000-15,000 including medical records, accident reconstructionist, medical expert. If we go to trial, add $10,000-20,000 for depositions and trial exhibits.”
Evasive answer: “Depends on the case.” (Not helpful. Press for range.)
Critical Questions About Case Handling
Question #8: “Who will actually handle my case day-to-day?”
Good answer: “I’ll personally handle your case. My paralegal assists with document collection, but I handle all negotiations, court appearances, and client communication.”
Bad answer: “My team will handle it.” (Translation: junior associate or paralegal handles everything, senior attorney only appears at trial if at all.)
Follow-up: “Will I meet the person handling my case today?”
If “team member” isn’t in consultation, red flag.
Some firms in Middle Georgia emphasize this model. Prine Law Group, a motorcycle accident attorney in Macon, structures cases so clients work directly with their attorney from consultation through resolution rather than being routed to support staff.
Question #9: “How often will we communicate?”
Good answer: “I send status updates every 2-4 weeks even if nothing major happened. You can call/email anytime and expect response within 24 hours on business days.”
Bad answer: “I’ll contact you when there’s something to report.” (Could be months of silence.)
Follow-up: “What’s your preferred communication method?” (Phone, email, text, portal?)
Match your preference. If you hate phone calls and attorney only does phone updates, misalignment.
Question #10: “What’s realistic timeline for my case?”
Honest answer depends on case complexity:
Clear liability, moderate injury, cooperative insurer: “6-12 months to settlement.”
Disputed liability or severe injury: “12-24 months if we litigate.”
Trial necessary: “24-36 months including trial and potential appeal.”
Red flag answer: “We’ll have this wrapped up in 3 months.” (Unrealistic unless very minor case.)
Red Flag Answers That Mean Walk Away
Red flag #1: “I guarantee we’ll get $500,000.”
No attorney can guarantee outcome. Settlement/verdict depends on facts, evidence, jury, judge. Ethical attorneys don’t guarantee results.
Red flag #2: “You don’t need to worry about the details, just trust me.”
You’re the client. Case is about YOUR injuries, YOUR recovery. Attorney should explain process, not patronize.
Red flag #3: “I’ve never lost a case.”
Either lying or never tries difficult cases (only settles easy ones cheap). All trial attorneys lose some cases – it’s how law works.
Red flag #4: “Sign here now before you consult other attorneys.”
Pressure tactic. Legitimate attorney gives you time to consult competitors, review fee agreement, make informed decision.
Red flag #5: “I don’t handle motorcycle cases but I can figure it out.”
Honesty appreciated, but you need experienced motorcycle attorney, not someone learning on your case.
Red flag #6: “We settle everything – going to trial is waste of money.”
Attorney with zero trial experience has zero leverage. Insurers lowball knowing attorney won’t actually try case.
Questions About Their Approach to Your Specific Case
Question #11: “Based on what I’ve told you, what do you think my case is worth?”
Good answer: “Need to see medical records and investigate further, but based on [specific injury] with [surgery/permanent limitation], similar Georgia cases value at $200,000-400,000 range. Your specific value depends on [factors].”
Gives range, explains variables, acknowledges need for more information.
Bad answer: “Million-dollar case easy.” (Unrealistic. Inflating expectations to sign you.)
OR
“Can’t say until we finish treatment.” (True but evasive if you’ve provided enough facts for preliminary range.)
Question #12: “What are the weaknesses in my case?”
Good answer: “Comparative fault is issue – police report says you were speeding. We’ll need accident reconstructionist to counter that. Also, 3-day treatment gap raises causation question we’ll address with medical narrative.”
Honest about problems. Explains how to address them.
Bad answer: “No weaknesses. Clear-cut winner.” (Every case has weaknesses. Attorney who won’t discuss them isn’t being straight.)
Question #13: “How will you prove my pain and suffering?”
Good answer: “Daily pain journal documenting impact. Before/after photos and videos showing activity limitation. Family testimony about personality changes. Psychological evaluation if PTSD present.”
Concrete strategy.
Bad answer: “We’ll tell jury you suffered.” (Not a strategy. Generic.)
Questions About Settlement vs Trial Decision
Question #14: “Do I have final say on settlement offers?”
Correct answer: “Yes. I’ll advise you on whether offer is reasonable, but you decide whether to accept.”
Wrong answer: “I settle cases when I think offer is fair.” (You lose control.)
Question #15: “At what point do you recommend going to trial vs settling?”
Good answer: “If insurer won’t offer at least 60% of calculated value and liability is strong, trial makes sense. But we’ll evaluate together – your risk tolerance, time constraints, and financial situation all factor in.”
Bad answer: “I always recommend settling.” (Attorney avoiding trial.)
OR
“I always take cases to trial.” (Attorney ego-driven, not client-focused.)
Evaluating the Consultation Itself
Beyond questions, evaluate:
Did attorney listen? Or did they lecture without hearing your concerns?
Did they explain process clearly? Or use jargon without explanation?
Did they answer questions directly? Or evade with vague responses?
Did they pressure you to sign? Or give you time to decide?
Did they seem genuinely interested in your case? Or bored/distracted?
Did they provide written fee agreement to review? Or verbal handshake deal?
Were they on time for consultation? Or 30 minutes late without apology? (Indicator of future communication.)
The Motorcycle Rider Question (Bonus)
Not required, but ask: “Do you ride motorcycles yourself?”
If yes: “What do you ride?”
Establishes common ground. Rider-attorney understands:
- Why you took that line through corner
- What target fixation means
- Why you didn’t lay bike down (because that’s terrible advice)
- Riding gear quality differences
- The frustration of cars not seeing motorcycles
If no: “Have you taken motorcycle safety course or ridden with clients to understand dynamics?”
Shows effort to understand rider perspective even if not rider themselves.
Comparison Shopping: Consult Multiple Attorneys
Most personal injury attorneys offer free consultation. Use it.
Consult 3 attorneys minimum. Compare:
- Experience (motorcycle-specific)
- Trial record
- Fee structure (gross vs net)
- Communication style
- Case valuation estimates
- Approach to weaknesses
- Personality fit
Don’t choose based solely on highest valuation estimate – attorney inflating value to sign you won’t deliver inflated result.
Choose based on: experience + trial record + honest communication + fee structure + gut feeling.
What to ask motorcycle accident attorney before hiring: (1) Motorcycle case experience specifically (not just PI)? (2) Trial record in motorcycle cases (verdicts not just settlements)? (3) Fee structure (33-40% standard, gross vs net calculation)? (4) Who handles day-to-day (senior attorney or junior associate)? (5) Communication frequency? (6) Timeline estimate for your case? (7) Are you motorcycle rider? (bonus credibility). Red flags: guarantees outcome, no motorcycle experience, never tries cases, pressure to sign immediately, won’t discuss case weaknesses, no written fee agreement. Evaluate consultation: Did they listen? Answer directly? Explain clearly? Give time to decide? Consult 3+ attorneys, compare experience and approach. Choose based on motorcycle expertise + trial record + honest communication + fair fee structure, not whoever promises biggest number.
Disclaimer: This article provides general information about Georgia motorcycle accident law and is not legal advice. Every case is different. Consult a qualified Georgia motorcycle accident attorney to discuss your specific situation. Nothing in this article creates an attorney-client relationship.