What Does a Personal Injury Lawyer Do?

A personal injury lawyer provides legal representation to recover financial compensation for injury victims. An attorney conducts case investigations, evidence collection, gathers witness statements, and issues demand letters before filing lawsuits. A personal injury lawyer provides client advocacy and damages calculations based on liability analysis, insurance communications, expert testimony, and settlement negotiations. An attorney represents their client in discovery management, court hearings, and trial litigation if the case goes to court.

Most people who work with personal injury lawyers haven’t worked with an attorney before. The following helps you know what to expect when working with a personal injury lawyer.

What Types of Cases Do Personal Injury Lawyers Handle?

Personal injury attorneys work in tort law, one of the more complicated practice areas. Torts involve cases where one person (the plaintiff) sues the allegedly responsible party (the defendant) for harms they’ve caused.

No two accident cases are alike, and personal injury cases come in all shapes, sizes, and varieties. Here are some of the more common types of personal injury cases that lawyers handle:

• Wrongful death lawsuits: These are cases where the injured party did not recover, and their loved ones are now filing a personal injury lawsuit on behalf of the deceased.
• Motor vehicle accidents: In this type of case, accident victims file a personal injury claim against the party or parties they deem responsible for the car accident. Note that two litigating parties can accuse each other of causing the accident.
• Slip and fall accidents: These accidents make up part of a practice area known as premises liability. This is where a visitor to a property incurs serious injuries and sues the owner of that property. An example would be a wet floor in a grocery store that isn’t marked with a caution sign.
• Medical malpractice: There are times when medical treatment is inadequate. When a patient’s medical care aggravates a patient’s pain and suffering, that patient might have a medical malpractice case. There are attorneys in personal injury law specializing in litigating in and around the healthcare industry.
• Defective products: This covers an area of personal injury law known as product liability. Here, the plaintiff has used a product and alleges that a defect in that product caused their injuries. Injury victims can sue the party responsible for the defect and any businesses that later touched the product in the stream of commerce.
• Property damage: Some personal injury cases don’t even refer to physical injuries. In these cases, the damage can be to one’s property, such as their home or car. The plaintiff seeks compensation from the at-fault party to repair the destruction caused by the defendant.

Proving Fault in a Personal Injury Claim

How do you prove fault? The term that Tim Jones, a Portland personal injury attorney, keeps returning to is reasonable care. “We start from a basic idea that the law requires that everybody use reasonable care to avoid harming others,” he says.

“We want to look at the reasonable care standard, and we also want to look at the conduct of the defendant. Was their conduct reckless? It’s the difference between a driver who accidentally runs through a stop sign and a drunk driver who runs through a stop sign because they’re intoxicated. The second is an example of reckless disregard for the safety of other people,” Jones explains.

“We also look and see if there’s intentional wrongdoing. And that goes for private individuals and corporate entities. That basic notion comes out of common law. Negligence is the term for failing to exercise reasonable care.”

Getting Compensation and a Fair Settlement

Even if you can prove fault, there’s the practical matter of financial recovery.

“If someone who is uninsured and doesn’t have a dollar to their name causes you harm, are you going to take the time, money, expense, and grief to try to go after him?” asks Kate Stebbins, a former prosecutor who runs a personal injury law firm in Gladstone, Oregon. “If you’re not going to recover damages and I’m not going to get paid, it doesn’t help either of us to drive us through the muck.

“Being a plaintiff is not fun,” Stebbins adds. She says she often withdraws from a case when the plaintiff stops following through on the necessary steps in the process. She wants a good partner in her attorney-client relationship.

What Are Some Duties of a Personal Injury Lawyer?

A personal injury attorney plays many roles and has many responsibilities throughout the life of a lawsuit. Here are a few:

• Provide free case evaluations: One of the easiest ways attorneys secure clients is by providing free consultations. These are sit-downs between accident victims and attorneys working at personal injury law firms. An attorney can hear the facts and advise whether the victim has a case.
• Discuss attorney fees: Experienced personal injury attorneys will discuss payment early on. Whether they work on a retainer or contingency fee basis, don’t hesitate to discuss your attorney’s financial compensation as early as possible.
• File the personal injury claim: The attorney files the actual claim with the court as well as any appropriate motions and injunctions during the case’s lifespan.
• Gather evidence: As the attorney prepares for a potential trial, they will gather evidence on behalf of your case. Your legal representation will review documents and evidence such as medical records and video recordings – anything that can be of use in a trial.
• Work with the insurance company: Attorneys will work with the insurance company to determine the maximum level of financial compensation.
• Negotiate settlement offers: The majority of cases in the U.S. do not go to trial. Instead, most cases settle out of court before ever reaching trial. A great accident attorney understands negotiating settlement offers and will work to secure the best outcome possible.

What Is the Most Important Aspect of Selecting a Personal Injury Attorney?

“The key to selecting a lawyer is finding an attorney you feel comfortable with,” says Paul R. Kiesel, a personal injury attorney and former president of the Los Angeles County Bar Association. “You need to have communication with the lawyer, and that lawyer needs to meet your expectations of the level of communication.”

The number one complaint that state bars have across the country is, “My lawyer is not getting back to me” — that lawyers don’t return their calls or messages or emails. “I believe that you have to set out, from the very beginning, what your expectation is in terms of communication,” says Kiesel. “And that lawyer or firm needs to either reflect your level of communication, or you need to go to a different law firm.”

“There are some amazing trial lawyers who are never going to call the client back. It’s just not the world they live in; it’s not where they do best. And you might want that lawyer because they will be brilliant in the courtroom. On the other hand, if you want a lawyer who is going to have a connection with you, you need to make it clear from the beginning what your expectations are.”

Is It Worth Getting a Personal Injury Lawyer?

Not all injuries will result in getting a personal injury settlement. “I turn down 90 percent of calls,” says Jan Baisch, a personal injury lawyer with Plaintiffs Trial Lawyers in Portland, Oregon. “For example, it’s been too long since the accident happened, there were no witnesses, there’s no liability, the injury’s not significant enough to go to court. You can go on and on.”

“Out of the vast number of wrongs that we do to each other as humans, there are only a few that lawyers can do something about,” adds Stebbins. “Sometimes you just have to have a hard conversation: ‘Yep, you’re absolutely right. What you’re saying is the truth. And I still can’t do anything for you. I’m not going to take your case when I cannot improve your position.'”

If you are convinced that the carelessness of another caused your serious injury, it’s worth discussing with an attorney, says Jones. “What drew me to the profession was the ability to help people who need help in desperate situations to achieve some justice for my clients. It’s an amazing feeling when you can do it.”

“I like to tell clients that trust is something that’s developed, something that you build up,” says Kiesel. “When you come in with a tragic situation, you need to go on your gut instinct for retention. But then that lawyer needs to fulfill your expectations of what it is you want, day in and day out.”

How Much Will It Cost You To Hire a Personal Injury Lawyer?

“In the personal injury world, everything is done on a contingency fee basis,” says Kiesel. In a contingency fee agreement, you don’t pay any lawyer’s fees upfront, and the lawyer gets paid a percentage of your settlement or compensation award only if they win your case.

“These are not contracts written in stone — they’re contracts based on trust. Trust needs to be developed, and the client should not be afraid to make a change of attorney if they’re not getting what they want from their existing law firm,” Kiesel adds.

Find Legal Help

With high medical expenses, lost wages, and other types of damages, it may cost you more in the long run not to have capable legal representation. The legal process can bring resolution to injured clients through a jury verdict or settlement.

Search the Super Lawyers directory for an experienced personal injury attorney who can protect your legal rights and help you get fair compensation.