If you’ve never worked with a lawyer, it can be hard to know what they actually do day to day. Here’s what a personal injury lawyer handles, from the first call to the final check.
1. Evaluate your case
At a free consultation, the lawyer listens to what happened, reviews any documents you have and explains your options. They look at who was at fault, how serious your injuries are, what insurance is available and your filing deadline.
2. Investigate the accident
Lawyers move quickly to gather evidence before it disappears:
- Police reports, photos and video footage
- Witness statements
- Vehicle data, trucking logs or property maintenance records
- Accident reconstruction experts, in serious cases
They may send preservation letters requiring businesses or trucking companies to keep evidence. See gathering evidence after an accident.
3. Handle the insurance companies
Once you hire a lawyer, insurers have to communicate through them. That means no more calls from adjusters asking for recorded statements or pushing quick settlements. Your lawyer manages claims with every relevant policy, including yours.
4. Document your damages
Your lawyer gathers proof of everything the injury has cost you:
- Medical bills, now and expected in the future
- Lost wages and reduced ability to earn
- Pain, suffering and impact on daily life
- Property damage and out-of-pocket costs
They may work with doctors, economists or life-care planners in serious cases. See types of damages.
5. Value your claim
Using your records, the facts of the case, insurance limits and their experience with similar cases, your lawyer estimates a fair range for your claim. See what is my claim worth?
6. Negotiate a settlement
Your lawyer sends a demand package to the insurer and negotiates. Most personal injury cases settle without going to trial. You decide whether to accept any offer; your lawyer advises you. See how settlements work.
7. File a lawsuit and go to trial, if needed
If the insurer won’t offer a fair amount, your lawyer can file a lawsuit. That involves exchanging evidence (discovery), depositions, motions, mediation and, if the case doesn’t settle, trial. See settling vs. going to trial.
8. Resolve bills and liens
Before you get paid, your lawyer typically negotiates medical liens and reimbursement claims from health insurers, hospitals or government programs, which can increase what you take home.
What you still do
- Keep going to medical appointments and follow treatment
- Share documents and updates with your lawyer
- Stay off social media about the accident
- Be honest about your history and the accident
How lawyers get paid
Most personal injury lawyers work on contingency: they take a percentage of the recovery, and nothing if there’s no recovery. Learn more in how contingency fees work.
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Frequently asked questions
Do personal injury lawyers go to court often?
Most cases settle before trial, but a lawyer's willingness and ability to go to trial is a big part of what gets insurers to make fair offers.
Will my lawyer settle without asking me?
No. The decision to accept a settlement belongs to you. Your lawyer should present every offer and give you advice.
How long does a personal injury case take?
Simple claims can settle in a few months. Cases involving serious injuries or lawsuits can take one to three years or more. See how a personal injury case works.
What's the difference between a lawyer and a paralegal on my case?
Paralegals often handle paperwork and updates under a lawyer's supervision. Only the lawyer can give legal advice and represent you in court.
This guide is general information, not legal advice. Laws change and every case is different. Talk to a licensed attorney about your situation.