What do personal injury attorneys do
A personal injury attorney is a lawyer who represents people injured because of another person's negligence, misconduct, or unsafe product or property. The attorney investigates what happened, identifies potentially responsible parties, documents the client's injuries and losses, negotiates with insurance companies, and files a lawsuit when a fair settlement cannot be reached.
Most personal injury attorneys work on a contingency-fee basis. Instead of charging by the hour, the attorney generally receives an agreed percentage of the recovery. For example, a written agreement might provide for a 33⅓% fee, although the actual terms depend on the agreement and applicable state law.
Personal Injury Attorneys' Main Responsibilities
| Responsibility | What the attorney does |
|---|---|
| Case evaluation | Reviews the facts and determines whether they support a legal claim |
| Investigation | Collects evidence, records, photographs, reports, and witness statements |
| Damage assessment | Calculates medical expenses, lost income, pain and suffering, and other losses |
| Insurance negotiations | Communicates with insurers and responds to settlement offers |
| Lawsuit preparation | Files pleadings and manages the case if negotiations fail |
| Discovery | Exchanges documents, sends written questions, and takes depositions |
| Settlement or trial | Negotiates a resolution or presents the case in court |
| Client communication | Explains options, risks, deadlines, fees, and settlement proposals |
How Do Personal Injury Attorneys Evaluate a Case?
A personal injury attorney usually starts by reviewing the facts, available evidence, medical treatment, and potential filing deadline. The attorney may consider whether the evidence supports a claim for negligence, product liability, premises liability, medical malpractice, wrongful death, or another type of civil action.
The attorney may ask:
- Who caused or contributed to the injury?
- Did that person or business owe the injured person a legal duty?
- Did the person or business breach that duty?
- Did the breach cause the injury?
- What medical treatment was required?
- How much income or earning ability was lost?
- Are additional medical problems or expenses expected?
- Are there defenses or other facts that weaken the claim?
A lawyer should review unfavorable facts as well as favorable ones before recommending a strategy. The American Bar Association lists witness interviews, documents, public records, scene inspections, appropriate social media review, formal discovery, investigators, and medical experts as possible parts of an investigation.
How Do They Investigate Personal Injury Claims?
Personal injury attorneys gather evidence to show what happened, who was responsible, and how the injury affected the client. Depending on the claim, the investigation may include:
- Police accident reports
- Photographs and video footage
- Surveillance recordings
- Vehicle damage and maintenance records
- Medical records and billing statements
- Employment and wage records
- Witness statements
- Accident reconstruction
- Property inspection records
- Product testing or engineering evidence
- Expert medical opinions
- Communications with insurance companies
In a car accident claim, for example, the attorney may compare the collision report, vehicle damage, photographs, witness accounts, traffic-camera footage, and medical records.
In a slip-and-fall case, the attorney may investigate whether the property owner knew about a dangerous condition and failed to correct it or warn visitors about it.
What Damages Do Personal Injury Attorneys Pursue?
Personal injury attorneys seek compensation for losses caused by the injury. Depending on state law and the facts of the claim, damages may include:
- Emergency treatment and other medical expenses
- Future medical care
- Lost wages
- Reduced future earning capacity
- Physical pain
- Emotional distress
- Permanent disability or disfigurement
- Property damage
- Loss of companionship in certain cases
- Funeral and financial losses in a wrongful-death claim
The attorney uses medical evidence, employment records, expert testimony, and other documents to support the claim's value. The amount is not based only on the first hospital bill. A serious injury may require future treatment or rehabilitation and may reduce the person's ability to work.
Do Personal Injury Attorneys Deal With Insurance Companies?
Yes. Insurance negotiations are a major part of many personal injury cases.
The attorney may:
- Notify the insurer of the claim.
- Gather evidence supporting liability.
- Submit medical records and bills.
- Explain the client's past and future losses.
- Respond to requests for statements or documents.
- Review settlement offers.
- Negotiate for a higher settlement.
- Advise the client whether to accept the offer or continue pursuing the claim.
An attorney can also help protect the client from making statements that an insurer could take out of context or use to dispute liability or the seriousness of the injury.
The attorney does not personally decide whether the client accepts a settlement. Under professional conduct rules, the lawyer must communicate significant settlement offers, but the client generally makes the final decision.
What Happens If the Case Goes to Court?
If negotiations fail, a personal injury attorney may file a civil lawsuit. The complaint generally identifies the parties, explains how the defendant allegedly caused the injury, describes the damages, and asks the court for relief.
The attorney may handle:
- The complaint and other court filings
- Service of legal documents
- Motions and court conferences
- Written discovery
- Requests for documents
- Interrogatories
- Depositions under oath
- Independent medical examinations, when applicable
- Expert witnesses
- Mediation
- Trial preparation
- Opening statements, witness questioning, and closing arguments
Discovery commonly involves document exchanges, written questions, and depositions. Many civil cases settle before trial.
How Do Personal Injury Attorneys Get Paid?
Personal injury attorneys commonly charge a contingency fee. Under this arrangement, the attorney receives an agreed percentage of the money recovered through a settlement or judgment.
A contingency-fee agreement should explain:
- The attorney's percentage
- Whether the percentage changes if the case goes to trial or appeal
- Which expenses are deducted
- Whether expenses are deducted before or after the attorney's fee
- Whether the client owes expenses if the case does not succeed
The ABA Model Rules state that a contingent-fee agreement should be in writing, signed by the client, and explain the fee calculation and litigation expenses.
Example of a Contingency Fee
Suppose a client receives a $100,000 settlement and the written agreement provides for a 33⅓% attorney fee:
- Gross settlement: $100,000
- Attorney fee: approximately $33,333
- Remaining amount before other expenses: approximately $66,667
This example does not account for case expenses, medical liens, insurance reimbursements, or other deductions. Those items, along with state requirements and the terms of the fee agreement, can change the amount the client receives.
The client may still be responsible for filing fees, expert fees, deposition costs, investigation expenses, or other litigation costs. The fee agreement should explain these obligations before representation begins.
What Personal Injury Attorneys Do Not Do
A personal injury attorney does not:
- Guarantee a settlement or jury verdict
- Decide the value of a claim without reviewing the evidence
- Automatically accept every case
- Replace the client's medical providers
- Control the other party's insurance company
- Eliminate all personal responsibility for medical bills
- Decide whether the client must accept a settlement
- Handle criminal prosecution of the person who caused the injury
A personal injury claim is generally a civil action for financial compensation. If criminal charges are filed, government prosecutors handle that separate process.
When Should You Consider Hiring a Personal Injury Attorney?
Hiring an attorney may be especially useful when:
- The injury is serious or permanent.
- The other party denies responsibility.
- Multiple people or businesses may be liable.
- An insurance company offers a quick settlement.
- The claim involves a commercial vehicle or business.
- Medical malpractice or product liability may be involved.
- The injury affects your ability to work.
- The insurer alleges that you caused the accident.
- Future medical treatment may be necessary.
- The claim involves a government entity.
- A family member died from the injury.
For a minor claim with clear responsibility and limited medical treatment, some people handle the insurance process themselves. Legal advice becomes more valuable when liability, damages, insurance coverage, or deadlines are disputed.
How Long Do You Have to File a Personal Injury Lawsuit?
Every state has statutes of limitations that set deadlines for filing personal injury lawsuits. The deadline can depend on the state, type of claim, defendant, injury, and date the injury was discovered. Claims against government entities may also require an earlier administrative notice.
Missing the applicable deadline can prevent a court from hearing the case. The American Bar Association notes that some states allow as little as one year for certain automobile accident lawsuits. An injured person should identify the applicable deadline promptly instead of assuming that one nationwide deadline applies.
Bottom Line
The need for a personal injury attorney usually depends on the seriousness of the injury, the strength of the evidence, the conduct of the insurer, and the applicable deadline. If liability is disputed, the injury may have lasting effects, or an insurer is pressuring you to settle, a prompt legal review can help you understand your options.
This article provides general information, not legal advice for a specific case.