Bring six things to a consultation with an auto accident attorney: the crash report or its number, your photographs, your auto insurance policy, every letter or message from an insurance company, your medical records and bills so far, and proof of the work you have missed. If you do not have them all, come anyway; the attorney can obtain most of them.
A consultation is a two-way interview. The attorney is deciding whether there is a claim and what it would take to prove it; you are deciding whether this is the person to handle it. This article lists what to bring and why, what you will be asked, and what to ask in return. Who the firm’s attorneys are is on the Sam A. Maida, Jr. and Bernard G. Johnson III pages.
The short version
- Bring documents, not conclusions: report, photographs, policy, insurer letters, medical records, pay records.
- The crash report costs $6 from the state and can be bought online once the officer has filed it.
- What you say is confidential even if you do not hire the attorney (Texas Rules of Evidence, Rule 503).
- Ask about the fee in detail: a contingent fee agreement must be in writing and say how expenses are handled (Rule 1.04(d)).
- Ask about the deadline: two years to file a personal injury suit (§ 16.003(a)).
What should I bring to a consultation with an accident attorney?
Whatever you have that shows how the crash happened, what insurance exists and what the injury has cost so far. The most useful single document is the officer’s crash report; the most often forgotten is your own auto policy, which may contain coverage that applies to you.
| Bring | Why it matters | Where it comes from |
|---|---|---|
| Crash report, or the report number and the officer’s agency | Names the drivers, insurers and witnesses and records the officer’s findings | Texas Department of Transportation crash reports page: $6, or $8 certified |
| Photographs and video of the vehicles, the scene and your injuries | Show points of impact and severity before repairs and healing remove the evidence | Your phone; other drivers; nearby businesses |
| Your auto insurance policy and declarations page | Shows whether you have uninsured/underinsured motorist coverage and personal injury protection | Your insurer or agent |
| Letters, emails, texts and voicemails from any insurance company | Show what has been claimed, admitted, offered or denied so far | Your records |
| Medical records, bills and the names of everyone who has treated you | Establish the injury and its cost; recovery of medical expenses is limited to amounts actually paid or incurred | Your providers; your health insurer’s statements |
| Pay stubs or other proof of missed work | Documents lost income, an economic loss | Your employer |
The paid-or-incurred rule is Tex. Civ. Prac. & Rem. Code § 41.0105. Read October 5, 2026.
What will the attorney ask me?
How the crash happened, in your own words and in order. Whether you have had earlier injuries or claims involving the same part of the body. What you have told the insurers, and whether you have signed anything. How the injury has affected your work and daily life. Expect questions that seem unhelpful to your case.
The hard questions are the important ones. An attorney needs to know about a prior back injury, a traffic ticket from the crash or a gap in treatment before the insurer raises it, not after. Earlier conditions do not end a claim; we explain why in how aggravation of a pre-existing condition is proved. Leaving something out can end one, because it damages the credibility on which everything else rests.
Write a short timeline before you come: the crash, each medical visit, each call from an insurer, each day of work missed. Memory fades quickly and dates matter.
Is what I tell the attorney confidential if I do not hire them?
Yes. The Texas lawyer-client privilege treats as a client anyone who consults a lawyer with a view to obtaining professional legal services, and it protects confidential communications made to facilitate those services. That applies to a first consultation whether or not it leads to representation.
The definition and the privilege are in Rule 503(a)(1) and (b)(1) of the Texas Rules of Evidence (effective September 1, 2025). The protection is for confidential communications, so come alone or with someone whose presence is needed, and do not post about the meeting or the crash on social media.
What should I ask about fees and costs?
Ask for the percentage at each stage, which expenses are charged to the case, whether they are deducted before or after the fee is calculated, and what you owe if there is no recovery. Texas requires a contingent fee agreement to be in writing and to state each of the first three.
Under Rule 1.04(d) of the Texas Disciplinary Rules of Professional Conduct, a contingent fee agreement must state the method by which the fee is determined, the percentage for settlement, trial or appeal if they differ, the litigation and other expenses to be deducted from the recovery, and whether they are deducted before or after the fee is calculated. At the end, the lawyer must give you a written statement of the outcome showing the remittance to you and how it was determined.
Take the agreement home if you want to. More questions worth asking are in five questions to ask before hiring a Houston injury attorney.
What happens after the consultation?
If you and the attorney agree to go ahead, you sign the fee agreement and authorizations to collect records, and the attorney notifies the insurers that you are represented. From then on, calls from adjusters go to the attorney. If the attorney does not take the case, ask why, and ask what your deadline is.
The deadline for a personal injury suit in Texas is two years from the day the cause of action accrues (Tex. Civ. Prac. & Rem. Code § 16.003(a)); some claims, such as those against a government body, require formal notice much sooner. A declined case is not necessarily a bad one, since firms differ in the cases they take, but the time limit applies whichever attorney you end up with. The stages that follow are set out in what a car accident lawyer does, step by step.
Questions people ask before a consultation
How soon after a crash should I see an attorney?
As soon as you have had medical attention. Evidence such as video and vehicle damage is lost quickly, and the insurers will begin asking you for statements within days.
Can I have a consultation by phone?
Yes. A first conversation can be by phone, and documents can be sent by email or photographed. Maida Law Firm’s office is at 8313 Southwest Freeway #102 in Houston for anyone who prefers to meet in person.
What if I do not have the crash report yet?
Bring the report number, the date and location of the crash and the name of the police agency. The officer has until the 10th day after the collision to file the report with the state (Transportation Code § 550.062(b)), and it can then be bought from the Texas Department of Transportation.
Should I bring my health insurance information?
Yes. A health insurer that pays for crash-related treatment may claim repayment from a settlement, so the attorney needs to know who has paid what. Bring your card and any explanation-of-benefits statements you have received.
Can a family member come with me?
They can come to the office, and for someone who is badly hurt or needs help communicating that may be necessary. Because the privilege protects confidential communications, the attorney may ask to speak with you alone for part of the meeting.
To arrange a consultation, call Maida Law Firm at (713) 785-9484 or send a message through the contact page.
Sources
- Texas Department of Transportation, Crash reports and records. Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 41. Read October 5, 2026.
- Texas Rules of Evidence, effective September 1, 2025 (Texas Judicial Branch). Read October 5, 2026.
- Texas Disciplinary Rules of Professional Conduct, Rule 1.04 (Texas Center for Legal Ethics). Read October 5, 2026.
- Texas Civil Practice and Remedies Code, Chapter 16. Read October 5, 2026.
- Texas Transportation Code, Chapter 550. Read October 5, 2026.
About the authors
Sam A. Maida, Jr.
Owner and Managing Attorney
Sam A. Maida, Jr. has represented injured Texans in the greater Houston area since the firm opened in 1993.
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Bernard G. Johnson III
Litigation Managing Attorney
Bernard G. Johnson III is a board certified trial lawyer licensed in Texas since 1996 and a graduate of South Texas College of Law.