A client called me last week. His wife had been in a serious accident involving a commercial truck in Brooklyn, and his focus was entirely on her recovery. But his phone was already ringing—friends were recommending lawyers, and he’d seen a dozen billboards on the drive home from the hospital. He called me not for a referral, but for a framework. “Russel,” he asked, “I have a plan for my assets, for my kids’ future, for everything. I have no plan for this.”
He was right to pause. As an estate planning attorney, my work is about deliberate, long-term stewardship of a family’s legacy. A sudden, catastrophic injury is the opposite of that—it’s an explosion in the middle of a carefully constructed life. The legal response to that crisis can either restore a family’s financial footing or compound the tragedy.
While my firm focuses on estate planning, I have spent decades helping families manage the aftermath of life-altering events. This includes helping them select the right counsel when litigation is required. The attorney you choose to handle a serious injury claim is, for a time, a custodian of your family’s future. The selection deserves a thoughtful, dispassionate process.
Look for a Litigator, Not Just a Settler
Many personal injury law firms are settlement mills. They run on volume, processing a high number of cases with the goal of settling quickly with insurance companies. They are effective at a certain type of case, but they may lack the experience—or the appetite—for a complex trial.
You need to know what kind of firm you are hiring. The most important question you can ask a potential attorney is, “How many cases like mine have you personally taken to a jury verdict?” An attorney who tries cases has a different kind of leverage. Insurance companies keep records. They know which lawyers will accept a low offer to avoid the courtroom and which ones will build a case strong enough to present to a jury. The credible threat of a trial is what drives fair settlement offers.
Ask about their resources. A serious personal injury case requires a significant upfront investment in expert witnesses, depositions, and investigation. A smaller or less capitalized firm might be pressured to settle early to recoup their costs. You want a firm that can afford to see your case through to the end, whether that end comes in a conference room or a courtroom.
Understand the Financial Arrangement
Most personal injury attorneys in New York work on a contingency fee basis. This means their fee is a percentage of the financial recovery they obtain for you. If there is no recovery, there is no fee. This model allows individuals to access the justice system regardless of their financial resources. However, the details matter immensely.
The retainer agreement should be clear and in writing. It must specify the percentage the attorney will take and, critically, how case expenses are handled. Are expenses—like filing fees, expert testimony, and court reporters—deducted from the total settlement before or after the attorney’s percentage is calculated? The difference can mean tens of thousands of dollars to your family.
New York law places specific limits on these arrangements in certain cases. For example, New York Judiciary Law § 474-a establishes a sliding scale for contingency fees in medical, dental, and podiatric malpractice claims. A reputable attorney will explain this to you without being asked. It is a sign of transparency and a commitment to their fiduciary duty.
The Plan for After the Check Arrives
This is where my world and the world of personal injury law intersect most directly. The single biggest mistake I see is a family receiving a multi-million-dollar settlement with no plan for how to manage it. A lump sum of cash can be disruptive—even destructive—if not handled with care.
A truly prudent personal injury lawyer thinks beyond the verdict. They should ask if you have an estate planner or a financial advisor. They should be prepared to work with your other professionals to ensure the settlement is structured properly. For a minor, this could mean a structured settlement or a guardianship proceeding in Surrogate’s Court. For an adult with disabilities resulting from the injury, a special needs trust might be necessary to preserve eligibility for government benefits. For the family, the funds might be best placed in a trust to provide for generational support, education, and prudent investment.
The attorney’s job isn’t just to win the money. It’s to help you receive it in a way that serves your family’s long-term well-being. If a lawyer seems disinterested in this conversation, they may not be the right steward for your case.
Choosing a lawyer in a moment of crisis is difficult. The pressure is immense. But the principles that guide sound estate planning—deliberation, diligence, and a focus on the long-term—are the same principles that should guide your choice. Before you sign any retainer, take a step back and apply a framework.
As part of our own clients’ planning, we often help them prepare a “critical incident” file. This document outlines the family’s key advisors, financial accounts, and a checklist of questions to ask when hiring emergency counsel. If you are reviewing your own estate plan, consider creating one for your family.
