What Does a Personal Injury Attorney Do? When to Hire One

A personal injury attorney represents people injured due to someone else’s negligence. After an accident, you may face medical bills, lost income, and insurance claim challenges while trying to recover.

You’re driving home when a distracted driver runs a red light and hits your car. Now you’re dealing with injuries, mounting expenses, and an insurance company focused on minimizing payouts. This scenario plays out daily across different situations—slip-and-fall accidents, medical errors, or workplace incidents.

A personal injury attorney handles the legal process while you focus on recovery.

What Personal Injury Attorneys Do

A personal injury attorney handles legal claims when you’re injured due to another party’s negligence. They manage the process from initial claim through settlement or trial.

Their core responsibilities include:

• Investigating your accident and determining liability
• Collecting medical records, accident reports, and witness statements
• Calculating damages including medical costs and lost wages
• Negotiating with insurance companies
• Filing lawsuits when settlement negotiations fail
• Representing you in court if necessary

They work to secure compensation for medical expenses, lost income, and other damages resulting from your injury.

When You Need a Personal Injury Attorney

Not every minor injury requires legal representation. Consider hiring an attorney when:

• Your injuries require hospitalization or ongoing treatment
• Medical expenses exceed $10,000
• You’ve missed significant work time
• The insurance company denies your claim or offers inadequate settlement
• Liability is disputed
• Multiple parties may be responsible
• Your injury causes long-term or permanent disability

Insurance companies employ teams of lawyers and adjusters. An attorney levels the playing field.

Common Personal Injury Cases

Personal injury attorneys often focus on specific case types based on their experience and training.

Motor Vehicle Accidents

Car, truck, motorcycle, and pedestrian accidents form the majority of personal injury cases. These claims involve determining fault, documenting injuries, and negotiating with auto insurance companies.

Premises Liability

Property owners must maintain reasonably safe conditions. When hazards like wet floors, broken stairs, or poor lighting cause injuries, owners may be liable for resulting damages.

Medical Malpractice

When healthcare providers deviate from accepted standards of care and cause harm, patients may have grounds for a malpractice claim. These cases require attorneys with medical knowledge and access to expert witnesses.

Workplace Injuries

While workers’ compensation typically covers job-related injuries, you may need a personal injury attorney if a third party (not your employer) caused your injury at work.

Choosing a Personal Injury Attorney

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The right attorney improves your chances of a favorable outcome. Evaluate candidates based on these factors:

Case-Specific Experience

Ask about their experience with cases similar to yours. An attorney who regularly handles car accidents may not have the expertise for medical malpractice claims.

Request information about:

• Number of similar cases handled
• Settlement and verdict outcomes
• Trial experience in your case type

Communication Style

Your attorney should explain legal concepts clearly and respond to questions promptly. During initial consultations, assess whether they:

• Listen to your account without rushing
• Explain the process in understandable terms
• Set realistic expectations about outcomes and timelines
• Outline their communication practices

Track Record

While past results don’t guarantee future outcomes, an attorney’s history provides insight into their capabilities. Review:

• Client testimonials and reviews
• Professional recognitions or certifications
• Bar association standing
• Settlement negotiation success rate

Understanding Attorney Fees

Most personal injury attorneys work on contingency, meaning payment depends on winning your case.

Standard contingency arrangements:

• No upfront costs or retainer fees
• Attorney receives a percentage of your settlement or verdict (typically 25-40%)
• You pay nothing if the case is unsuccessful
• Case expenses (filing fees, expert witnesses) may be separate

This structure allows injured parties to pursue claims regardless of financial resources. Clarify fee percentages and expense handling during your initial consultation.

How Personal Injury Attorneys Help Clients

Personal injury attorneys negotiate settlements and represent clients in court when necessary.

Attorneys gather evidence, consult medical experts, and build cases that demonstrate liability and quantify damages. They handle insurance company communications and work to secure compensation covering:

• Past and future medical treatment
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage
• Rehabilitation costs

The claims process can take months or years depending on case complexity and whether parties reach settlement or proceed to trial.

Next Steps

Most personal injury attorneys offer free initial consultations. During this meeting, they evaluate your case and explain your legal options without obligation.

If you’ve been injured due to someone else’s negligence, schedule consultations with attorneys experienced in your case type. Bring relevant documents including:

• Accident reports
• Medical records and bills
• Insurance correspondence
• Photographs of injuries or accident scene
• Witness contact information

Time limits (statutes of limitations) restrict how long you have to file a claim. These deadlines vary by state and case type, so consult an attorney promptly after your injury.

A personal injury attorney manages the legal aspects of your claim while you focus on medical recovery and returning to normal life.