Almost every injury firm in New York advertises a free consultation. I do too. But I have noticed over the years that many people who call us have no idea what that consultation actually is. Some expect a sales pitch. Some expect to be told on the spot what their case is worth. Some worry that the meeting is “free” the way a timeshare weekend is free.
So let me pull back the curtain. This is what an injury lawyer free consultation really involves at my office, what I am listening for, what you should ask me, and how to tell whether any lawyer, including me, is the right fit. Even if you never call us, I hope it helps you walk into somebody’s office knowing what to expect.
What “free” actually means
A free consultation means you do not pay anything to sit down with a lawyer, tell your story and get an honest first assessment. There is no hourly bill for the meeting, no charge if you decide not to hire us, and no obligation to sign anything.
Why do injury lawyers do this? Because almost all personal injury work in New York is done on a contingency fee. We are paid a percentage of what we recover for you, and nothing if we do not recover. Since our fee depends on the case, the consultation is how both of us decide whether there is a case worth taking on. I explain more about how that works in our article on what it means when a lawyer works on contingency.
Is what I tell you confidential?
Yes. Under New York’s Rules of Professional Conduct, information a prospective client shares with a lawyer is generally protected even if the lawyer is never hired. You can tell me what happened, including the parts you think make you look bad, without worrying that it will be repeated. In fact, I need those parts. The insurance company will find them eventually, and I would much rather hear about them from you on day one.
How the meeting usually goes
Most of my consultations follow the same arc, whether they happen at our office in Rosedale, at someone’s kitchen table, in a hospital room or on a video call.
1. I listen first
I start by asking you to tell me what happened, in your own words, from the beginning. I try not to interrupt. People remember details when they tell the story their way, and the details are often where the case is.
2. I ask a lot of questions
Then I go back through it. Where exactly did it happen? What time? What was the weather? Who was there? What did the other driver, the store manager or the foreman say afterward? When did the pain start? Who have you seen for treatment? Have you talked to any insurance company? Have you signed anything?
3. I look at what you brought
Documents tell me things that memory sometimes cannot. More on what to bring below.
4. I tell you what I see
This is the part people care about most. I will tell you, honestly, whether I think you have a claim, what the main strengths and weaknesses are, which deadlines are already running, and what I would do next. Sometimes the answer is that you have a strong case. Sometimes the answer is that the case is real but small, or that the deadline has passed, or that the facts do not support a claim. I would rather tell you the truth in the first meeting than take a case I cannot win.
5. You decide
If we both want to work together, I explain the retainer agreement line by line. If you want time to think, or to talk to another lawyer, that is completely fine.
What to bring to an injury consultation
You do not need all of this. Bring what you have, and we can get the rest later. But the more of this I can see, the more useful my first assessment will be.
| Bring this | Why it helps |
|---|---|
| Police report or accident report number | Shows the officer’s account, witnesses and the other party’s insurance |
| Incident report from a store, building or employer | Shows what the property owner or employer recorded at the time |
| Photos and videos | The scene, the hazard, the vehicles and your injuries as they looked early on |
| Medical records, discharge papers and bills | What was diagnosed and what treatment has been recommended |
| Insurance cards and any letters from insurers | Which policies may apply, including your own |
| Names and numbers of witnesses | Independent accounts are often what tip a disputed case |
| Pay stubs or proof of missed work | The starting point for a lost-wages claim |
| Anything you have signed | Some forms, especially releases, can limit your rights |
If you have been keeping notes about your pain and what you cannot do, bring those too. Our guide on keeping an injury diary explains why those notes carry weight later.
What I am listening for
When I evaluate a case in that first meeting, I am really asking four questions:
- Liability: Was someone else at fault, and can we prove it? New York uses pure comparative fault under CPLR § 1411, so sharing some blame does not end a case, but it affects its value.
- Injury: How serious is the harm, and is it documented? In a motor vehicle case, I am also asking whether the injury can meet the “serious injury” rule in Insurance Law § 5102(d).
- Coverage: Is there insurance or another source that can actually pay? A strong case against someone with no coverage and no assets is a hard case.
- Time: Which deadlines apply, and how much time is left? Most negligence lawsuits must be filed within three years under CPLR § 214, but claims against a city, county or other public body generally require a notice of claim within 90 days, and no-fault applications are generally due within 30 days of a crash.
Questions you should ask me
A consultation is an interview in both directions. Here are the questions I think every injured person should ask any lawyer they are considering:
- Who will actually handle my case day to day? Will I be able to reach that person?
- Have you handled cases like mine? Ask about the type of case, not just the general area of law.
- What is your fee, and how are costs handled? Costs are things like filing fees, records, depositions and expert reports. Ask whether they come out before or after the fee is calculated, and what happens to them if the case is lost.
- How often will I hear from you? Our article on how often your lawyer should update you covers what is reasonable.
- Are you prepared to go to trial if the offer is not fair? Insurers know which firms will try cases.
- What problems do you see in my case? A lawyer who sees no problems has not looked closely enough.
How the fee works in New York
New York regulates contingency fees in personal injury cases more closely than many states. Court rules limit what a lawyer can charge in most injury cases, and a one-third fee is the common arrangement. Medical malpractice cases follow a separate sliding scale set by Judiciary Law § 474-a, where the percentage drops as the recovery grows. The agreement has to be in writing, and lawyers must file statements about contingency retainers and closings with the court system.
At the end of a case, you should receive a closing statement that shows the full recovery, the fee, each expense and any liens that were paid, so you can see exactly how the money was divided. Our article on reading your lawyer’s closing statement walks through one.
Red flags at a consultation
I would be doing you a disservice if I did not mention what to watch out for, anywhere you go:
- A guaranteed result or a specific dollar figure before anyone has seen your records
- Pressure to sign before you leave the room
- Vagueness about fees, costs or who will work on your case
- No interest in the weak parts of your story
- Someone who contacted you first, uninvited, right after an accident
You can check whether a lawyer is registered in New York using the attorney verification resources from the New York State Bar Association. For a longer list, see our article on signs of a bad personal injury lawyer, and for a positive checklist, our guide to choosing a personal injury lawyer in Queens.
What happens after the consultation
If you hire us, the first weeks are mostly about protecting the case: sending letters so evidence is preserved, making sure your no-fault or workers’ comp paperwork is filed on time, getting your medical records, and taking over communication with the insurance companies so you can focus on getting better. From there, the case follows the path we describe in our article on what to expect from the first call to settlement.
If you do not hire us, you leave with a clearer picture than you came in with, and a list of the deadlines that matter. That is worth the hour on its own.
What if a lawyer says no?
Sometimes a lawyer will turn a case down after a consultation. That can feel like being told your injury does not matter. Usually it means something narrower: the deadline has passed, the injury may not meet a legal threshold, there is no insurance to collect from, or the facts make fault very hard to prove. Ask the lawyer to explain the reason. If it is a deadline problem, do not wait: a second opinion should happen right away, because some deadlines have exceptions that need to be raised quickly.
When I turn a case down, I try to tell you exactly why, what deadlines still apply, and whether another kind of lawyer might be a better fit. A “no” should still leave you better informed than you were before the meeting.
A few practical notes
- Language. We hold consultations in English, Russian and Spanish.
- Location. If you cannot get to us, we come to you: at home, in the hospital or by video.
- Timing. Call sooner rather than later. A consultation in the first week can protect evidence and deadlines that are hard to recover later.
- Family members. You are welcome to bring someone with you. If the injured person cannot attend, a family member can start the conversation.
Book your free consultation
I am Yakov Mushiyev, a former head litigation attorney who grew up in Queens. You can read more about me and see what clients have said in our client reviews. Our firm has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County, and there is no fee unless we win.
Call 718.775.3110 or contact us online to set up your free consultation.
This article is general information, not legal advice. Every case is different, and prior results do not guarantee a similar outcome. Attorney Advertising.