Author: Shelby Benavidez
Contributing Attorney: Darla Canon, attorney team lead
When someone is injured in an accident at no fault of their own, the aftermath can be overwhelming with medical bills, time off work, and the stress of dealing with insurance companies. Big insurance bullies are in the business of minimizing claims, and they don’t play fair. This is where a personal injury lawyer steps in. These attorneys specialize in helping people who have been hurt because of someone else’s negligence. They fight for fair compensation and guide their clients through what can be a confusing and frustrating legal process.
Continue reading to discover what personal injury lawyers actually do, how much they charge, what kinds of cases they handle, and how to find the right one for your situation. We’ll also cover some warning signs to look out for and discuss whether hiring a personal injury lawyer is the right choice for you and your family.
Personal Injury Lawyers Overview
What Does a Personal Injury Lawyer Do?
Personal injury attorneys do a wide range of tasks to help their clients recover financially, physically, and emotionally after an injury. The exact scope of the services they offer depends on the attorney and the firm, but at their core, personal injury attorneys’ main goal is to help people who’ve been harmed by the actions (or inaction) of another person, company, or entity. Their job is to make sure victims aren’t left dealing with the financial burden caused by someone else’s carelessness.
A personal injury attorney’s basic responsibilities start with investigating your claim. Before taking on a case, the lawyer should review the facts to determine whether you have a viable case and whether their firm is the right fit for you. Oftentimes, a firm specializes in specific types of injury cases, so if your injury is outside of their expertise, they may refer you to another firm that specializes in your type of injury case.
Once you hire a lawyer, they should start gathering evidence, including police reports, medical records, witness statements, surveillance videos if available, and sometimes expert testimony from professionals like doctors and accident reconstructionists.
After all the evidence is gathered and your injuries have been evaluated by a doctor, your attorney will begin negotiating with the insurance companies – including your own. Insurers rarely want to pay you full value for your injury. They want to save themselves as much money as possible, which means offering you the bare minimum and hoping you accept it. A qualified lawyer should know their tricks and how to negotiate effectively to make sure you don’t get screwed in the process. If a fair settlement can’t be reached, the attorney will file a lawsuit and represent you in court, if necessary. However, only a small percentage of personal injury lawsuits actually see a courtroom because most are settled before trial.
Personal injury law can be complicated. A good attorney should explain each step clearly and help you make informed decisions about your case. Essentially, a personal injury lawyer acts as your advocate — making sure your rights are protected and you get the full value you deserve for medical expenses, lost income, pain, and suffering.
Personal Injury Attorney Costs and Fees
Most personal injury lawyers work on a contingency fee basis, which means they don’t get paid unless you win your case. You should never pay out of pocket for a personal injury attorney. Instead, they’ll take a percentage of the final settlement or court award, usually between 33% and 40% for case expenses and fees.
This payment structure makes it so that those who need legal representation can ask for it without worrying about whether or not they can afford it. If you’ve been injured at no fault of your own, you have enough to worry about – paying for an attorney shouldn’t be one of them. Still, it’s smart to discuss fees in detail before signing a contract so you know exactly what to expect.
Cases Personal Injury Lawyers Handle
Personal injury law covers a wide range of situations. If someone else’s carelessness caused your injury, there’s a good chance a personal injury attorney can help.
Here are some of the most common types of cases they handle:
- Car accidentsÂ
- Truck and motorcycle accidentsÂ
- Slip and fall accidentsÂ
- Workplace injuriesÂ
- Medical malpracticeÂ
- Product liabilityÂ
- Wrongful deathÂ
Depending on the firm, they may handle a wider range of cases, including nursing home abuse, veteran disabilities, and sexual assault, or they may handle fewer case types depending on their specialization and experience. Each type of case comes with its own legal complexities, but, regardless of the case type, the goal remains to hold the responsible party accountable and secure full value for your injuries.
Finding and Choosing the Right Lawyer
How to Find a Personal Injury Attorney
Personal injury attorneys aren’t one-size-fits-all, and choosing the right attorney can make or break your case. We highly encourage you to do your research and choose the attorney who is the best fit for you. Start by asking your friends, family, and colleagues who they’ve worked with and what their experience was, or read reviews and testimonials on Google, Yelp, or the company’s website. No one tells a firm’s story better than its clients.
While testimonies are great, don’t just take other people’s word for it! Dig deep into the attorneys you are interested in. Start by making sure the lawyer is licensed in your state and has experience handling cases like yours. Many attorneys offer free initial consultations – use this as your chance to ask questions and see if they’re a good fit. Finally, check for specializations. Some lawyers may specialize in trucking cases, car accidents, or even slip and fall cases. This often means they have more expertise and a stronger track record.
Most importantly, a good personal injury lawyer should make you feel comfortable, confident, and informed. Trust your instincts – if something feels off, keep looking.
Personal Injury Attorney Red Flags
It’s unfortunate, but not every lawyer has your best interests at heart. There are some major red flags that should be your sign to walk away and find a different attorney. For example, if an attorney guarantees that they will get you a specific outcome or a bottom-dollar amount, run. No ethical attorney will promise a specific outcome.
Poor communication is another red flag. Yes, attorneys have busy schedules, but their clients should be their top priority. If your lawyer is hard to reach or doesn’t return your calls, that’s a bad sign. A quality attorney should make you feel heard and informed throughout the entirety of your case. In the same breath, they should be transparent with you about fees, the progress on your case, and next steps.
Remember, an attorney is there to help you receive the best possible outcome in your case, but you should always get the final say in anything that happens. You should never feel rushed into signing anything or pressured to settle. If your attorney is pressuring you to settle before filing a lawsuit, it may mean that they don’t have the experience or confidence to take your case to trial.
All in all, a trustworthy personal injury lawyer will be upfront, communicative, and genuinely invested in helping you recover financially and emotionally. If you don’t feel comfortable with your attorney or you are spotting red flags, start exploring other options. It is important to note that if you hire one attorney and later decide to switch to another, your first lawyer may still be entitled to a portion of the fees for the work they already completed. That’s why it’s so important to research carefully and choose the right attorney before signing any agreement.
Questions to Ask Your Personal Injury Lawyer
Before you hire an attorney, take time to ask the right questions. This helps you understand their approach and ensures they’re the right fit for your needs. Consider asking:
- How many personal injury cases have you handled like mine?Â
- What is your success rate in obtaining settlements or verdicts?Â
- How do you communicate with clients during the case?Â
- Who will actually be handling my case?Â
- What costs should I expect beyond your contingency fee?Â
- How long do you think my case might take?Â
- Do you prioritize my unique story?Â
A confident, experienced lawyer will welcome these questions and answer them clearly and honestly. Remember, you’re hiring someone to protect your future. Take the time to learn who your attorney is and how they value you as a client.
Is Hiring a Personal Injury Attorney Worth It?
In most cases, hiring a personal injury attorney is absolutely worth it. Studies consistently show that people represented by lawyers receive significantly higher settlements than those who handle claims alone. In fact, the insurance company’s own research shows that those represented by an attorney receive an average of three times more than those who DIY their case.
An experienced attorney knows how to calculate the true value of your claim because they take the time to learn how your injury impacted your life. They should have the experience to tell that unique story and aggressively negotiate with the insurance company to make sure you are fairly compensated. Beyond that, the legal system is complex and constantly evolving. Qualified attorneys are staying on top of those legal changes and working to make sure you are protected from insurance tricks, costly mistakes, and lowball offers. Not to mention, attorneys bring an intimidation factor. If you have an attorney on your side, the insurance company knows that you are not willing to settle for less than you deserve.
Beyond the financial benefits, having an attorney means peace of mind. They should handle every aspect of your case so you can focus on healing and getting your life back to normal. If your injury was caused by someone else’s negligence – whether in a car accident, workplace, or even a shopping center – talking to a personal injury lawyer is one of the smartest moves you can make. They fight to make sure you’re not left carrying the burden of someone else’s mistake.
