What Do Injury Lawyers Do?

By Farhad Novian | Feb 13, 2025 | Catastrophic Injury

Accidents and injuries often leave victims to deal with medical bills, lost wages, and emotional distress. However, personal injury law exists to protect those who suffer harm due to another party’s negligence, ensuring they receive fair compensation for their losses.

A personal injury lawyer investigates accidents, gathers evidence, negotiates with insurance companies, and represents clients in court when necessary. Their goal is to ensure victims receive compensation for medical expenses, lost income, and pain and suffering. 

If you or a loved one has been injured due to negligence, don’t face the legal battle alone. At Novian & Novian we have over 35 years of experience in personal injury and catastrophic injury cases in California, advocating for clients’ rights and securing the compensation they deserve. Schedule a free initial consultation with us today! 

This blog will define a personal injury attorney and the types of cases they handle. It will also cover the various duties of a personal injury lawyer. 

What Is a Personal Injury Attorney?

A personal injury attorney is a legal professional who represents individuals who have been injured due to someone else’s negligence. They specialize in personal injury law and help accident victims file a personal injury claim and recover fair compensation for their medical bills, lost wages, pain and suffering, and other damages. Most personal injury lawyers work on a contingency fee basis, meaning clients do not pay legal fees unless they win their case.

An experienced personal injury attorney plays a critical role in guiding injury victims through the legal process. Their responsibilities include calculating damages, investigating the accident scene, and negotiating with insurance companies. The lawyer will take the case to court if the other party’s insurance company refuses to offer fair compensation. When a case proceeds to trial, an injury lawyer represents clients in court. 

Unlike other legal professionals, personal injury attorneys handle cases that focus solely on accident victims who have suffered serious injury due to another party’s negligence. Most personal injury lawyers work on a contingency fee basis, meaning they do not charge upfront legal fees but receive a percentage of the personal injury settlement if they win. Additionally, personal injury attorneys work with medical professionals to assess medical treatment and future medical expenses, ensuring clients recover the financial compensation they need.

Before hiring any injury lawyer, ensure that they have experience in personal injury cases. They should also have strong negotiation and litigation skills and transparent communication. In addition, you should also look out for their track record and positive client testimonials. 

Types of Cases Personal Injury Lawyers Handle

There are various cases that personal injury lawyers handle. Examples of these cases include:

Motor Vehicle Accidents: A personal injury attorney represents victims of car accidents, truck accidents, motorcycle crashes, bicycle accidents, and pedestrian injuries. They help establish fault and liability, particularly in hit-and-run incidents or multi-vehicle crashes.

Slip-and-Fall Accidents: A slip-and-fall injury occurs when an individual is injured on someone else’s property due to unsafe conditions like wet floors, uneven surfaces, or poor lighting. Property owners have a legal duty to maintain a safe environment to prevent accidents.

Workplace Injuries: These include construction site accidents, repetitive strain injuries, and falls. A personal injury lawyer handles cases where third-party liability is involved, such as injuries caused by negligent contractors or defective equipment.

Medical Malpractice: When a healthcare provider fails to meet the standard of care, leading to serious injury, victims may file a medical malpractice claim. Examples include misdiagnosis, surgical errors, medication mistakes, and childbirth injuries.

Product Liability: When a defective product causes harm, the manufacturer, distributor, or seller may be held liable. Personal injury attorneys work on cases involving design defects, manufacturing defects, and marketing defects (e.g., lack of warnings).

Wrongful Death Cases: A wrongful death claim is filed when a person dies due to negligence or intentional harm. Common causes include car accidents, medical malpractice, workplace injuries, and defective products. Families may seek financial compensation for funeral expenses, loss of companionship, and emotional distress.

What Does a Personal Injury Lawyer Do?

A personal injury lawyer is a legal professional who helps accident victims seek fair compensation for their injuries. Whether you’ve been hurt in a car accident, truck accident, slip-and-fall accident, or medical malpractice case, a personal injury attorney can guide you through the legal process. From gathering evidence to negotiating with insurance companies and representing clients in court, an experienced personal injury lawyer ensures you receive maximum compensation for medical expenses, lost wages, pain and suffering, and emotional distress.

Initial Consultation and Case Evaluation

The first step in any personal injury claim is an initial consultation, where an injury attorney evaluates your case. Most personal injury lawyers or personal injury law firms offer a free consultation to discuss your accident details.

A good personal injury lawyer will examine medical records, police reports, and witness statements to determine the extent of your injuries. Then, they will assess whether the at-fault party was negligent and if there’s enough evidence to file a personal injury lawsuit. Your personal injury law firm will then explain your legal rights, possible outcomes, and whether a settlement negotiation or a lawsuit is the best option.

Investigating the Personal Injury Case

Once a personal injury lawyer takes your case, they begin an in-depth investigation to prove liability. This includes gathering evidence such as police reports, accident scene photos, surveillance footage, medical bills, and witness statements to support your claims. 

Then, they will work with experts, such as medical professionals, to verify injuries and medical treatment. They may also work with accident reconstruction specialists to determine fault in motor vehicle accidents. Furthermore, your injury lawyers are also responsible for establishing who is at fault and holding the other party’s insurance company accountable.

Negotiating With Insurance Companies

One of the most crucial roles of a personal injury attorney is negotiating with the insurance company to secure a fair settlement. Generally, insurers use common tactics like denying liability, offering low settlements, and delaying claims.

That is why you should work with a personal injury lawyer to maximize compensation. Injury lawyers handle all communication with the insurance company to protect injured clients from unfair tactics. 

Filing a Personal Injury Lawsuit If Necessary

If the insurance company refuses to offer a fair settlement, a personal injury lawsuit may be necessary. This usually happens when the other party’s insurance company refuses to pay or if the injured party needs financial compensation beyond what’s offered in a settlement. 

Typically, the legal process begins with filing the lawsuit. Then, there is the discovery phase, where evidence is exchanged, and there is the deposition stage, where witnesses will be interviewed. The last stage is the trial and verdict, where the final outcome is known.

Settlements are usually faster and you get to avoid court costs. However, if a case goes to court, there is potential for a higher compensation, but it takes longer. 

Representing Clients in Court

If a settlement negotiation fails, a personal injury lawyer prepares to go to court. They prepare for trial by gathering evidence, witness statements, and expert testimony to build a stronger case for the injured party. 

Accident attorneys prove negligence through medical records, police reports, and expert analysis. Typically, personal injury settlements cover medical bills, pain and suffering, emotional distress, and permanent injury.

Types of Compensation an Injury Lawyer Can Help Recover

A common example of compensation that injury lawyers recover is medical expenses (current and future). Medical expenses refer to all costs related to the treatment of injuries, including hospital bills, doctor visits, surgeries, prescription medications, physical therapy, and long-term care. A personal injury attorney helps clients recover both past medical expenses (those already paid) and future medical expenses (anticipated costs for ongoing treatment). If an injury leads to chronic pain or permanent disability, future medical expenses can be significant, covering rehabilitation, assistive devices, and in-home care.

For example, if a person suffers a spinal cord injury in a truck accident, their medical needs may last a lifetime. Without an injury lawyer advocating for them, they risk settling for less than what is required to cover future treatments. By working with medical experts, a lawyer ensures that the claim accurately reflects the full cost of care.

Another critical aspect of compensation is the recovery of lost wages and loss of earning capacity. When an injury prevents a person from working, they lose income, which is essential for maintaining financial stability. Lost wages include not only salary and hourly wages but also bonuses, commissions, and self-employment income.

A personal injury attorney works with employers and financial experts to calculate the full amount of lost income. Beyond lost wages, some injuries can affect a person’s ability to work in the future. This is known as a loss of earning capacity. If an injury is severe enough to limit someone’s ability to perform their job or forces them to switch careers, they may be entitled to additional compensation. For instance, a construction worker who suffers a severe back injury in a workplace accident may never be able to return to manual labor. A lawyer ensures that future financial losses are considered in the settlement.

Accident victims may also experience pain and suffering, which includes both physical discomfort and emotional distress. Compensation for pain and suffering accounts for the severity of the injury, the length of recovery, and the overall impact on quality of life. This may include chronic pain, mental anguish, PTSD, anxiety, depression, and loss of enjoyment of life.

For example, a pedestrian accident victim who suffers permanent paralysis may experience significant emotional trauma. The psychological toll of adjusting to a new way of life can be just as devastating as the physical injury itself. Personal injury attorneys handle these claims by presenting medical records, expert testimony, and personal impact statements to demonstrate the full extent of the suffering.

In some cases, victims may also be awarded punitive damages (in cases of gross negligence). Unlike compensatory damages, which are meant to reimburse victims for their losses, punitive damages are designed to punish the at-fault party for reckless behavior or intentional harm. These damages also serve as a warning to prevent similar misconduct in the future. Punitive damages are often awarded in cases involving drunk driving accidents, defective products, nursing home abuse, and extreme medical malpractice.

If a truck driver was intoxicated and caused a fatal crash, the victim’s family might pursue punitive damages through a wrongful death claim. In such cases, a personal injury lawyer ensures that the responsible party is held fully accountable.

In addition, injury lawyers can help recover property damage. This is often a factor in motor vehicle accidents. They can also recover emotional distress as some victims may suffer from emotional distress and require therapy or psychiatric treatment, which can be included in a personal injury claim. 

For families, there is also compensation for loss of consortium, which applies when an injury affects the victim’s ability to maintain a normal relationship with their spouse or children. This is especially relevant in catastrophic injury or wrongful death cases, where the emotional and financial toll on a family is immense.

What Is the Cost of Hiring a Personal Injury Lawyer?

Many accident victims hesitate to seek legal representation due to concerns about personal injury attorney fees. However, most personal injury attorneys work on a contingency fee basis, meaning clients pay nothing upfront. If the lawyer does not win the case, the client owes nothing.

Under this system, attorneys receive a percentage of the final settlement or court award, typically ranging from 30% to 40%. This ensures that the lawyer is motivated to secure the maximum compensation possible. Additional costs, such as court filing fees, expert witness fees, and deposition costs, may also be deducted from the settlement, but these expenses are usually covered upfront by the law firm and reimbursed only if the case is successful.

For instance, if a victim wins a $100,000 settlement and the lawyer’s contingency fee is 33%, the attorney receives $33,000, and the client keeps $67,000. This structure allows injury victims to pursue justice without the financial burden of paying legal fees out of pocket.

Since most personal injury lawyers operate on a contingency fee basis, clients who lose their case typically do not owe attorney fees. However, some legal expenses, such as court filing fees and expert witness costs, may still apply. Before hiring a lawyer, it’s essential to clarify what happens if the case is unsuccessful.

How to Choose the Best Lawyer for Your Personal Injury Claim

Choosing the right personal injury lawyer can make a significant difference in the outcome of your case. A skilled and experienced attorney will not only guide you through the complex legal process but also fight for the maximum compensation you deserve. 

Personal injury law is a specialized field, and having the right legal representation can mean the difference between a fair settlement and a financial struggle. With so many options available, it’s essential to know what to look for when selecting a lawyer to handle your claim.

Here’s a guide below: 

Assess Experience and Specialization in Personal Injury Law

When searching for a lawyer, one of the most important factors to consider is their specialization in personal injury law. Injury cases involve unique legal principles and require a deep understanding of medical records, insurance policies, and accident investigations. A general attorney who practices multiple areas of law may not have the specific expertise needed to handle complex personal injury cases effectively.

It’s also crucial to examine the lawyer’s track record and experience with cases similar to yours. Whether your claim involves a car accident, slip-and-fall, medical malpractice, or workplace injury, an experienced personal injury attorney should be able to demonstrate past successes in handling comparable cases. Asking about their success rate and the types of settlements or verdicts they have secured for previous clients can help you gauge their level of expertise.

Another important consideration is the lawyer’s years of experience. While a newly licensed attorney may be knowledgeable, a lawyer with several years of hands-on experience will have a better grasp of the legal system, negotiation tactics, and trial strategies. Experienced lawyers understand the tactics insurance companies use to minimize settlements and can effectively counteract these strategies to maximize your compensation.

Research the Lawyer’s Reputation and Reviews

A lawyer’s reputation can provide valuable insight into their professionalism, ethics, and success in handling cases. Online reviews and testimonials from former clients can help you understand what it’s like to work with a particular attorney. Reading about other people’s experiences can give you an idea of how the lawyer communicates, whether they are responsive, and how well they handle negotiations.

Beyond online reviews, it’s beneficial to check with past clients directly. Some law firms can provide references so you can speak with former clients about their experiences. Hearing firsthand accounts can offer reassurance about the lawyer’s dedication, work ethic, and ability to achieve favorable results.

Additionally, it’s a good idea to research the lawyer’s professional ratings and awards. Many reputable legal organizations, such as Martindale-Hubbell, Super Lawyers, and the American Bar Association, recognize top-performing attorneys. A lawyer who has received peer-reviewed ratings or professional accolades is likely to have a strong reputation in the legal community.

Evaluate the Lawyer’s Approach to Your Case

Each personal injury case is unique, and a good lawyer should treat it as such. A dedicated attorney will provide individualized attention rather than treating you as just another case number. During your initial consultations, pay attention to how the lawyer communicates with you. Are they genuinely interested in your case? Do they ask detailed questions about your injuries and losses? A lawyer who is invested in your case will take the time to understand your specific situation and develop a tailored strategy.

It’s also important to assess the lawyer’s strategy and approach. Some attorneys prefer to settle cases quickly, while others are more willing to take a case to trial if necessary. While settlements can be a faster and less stressful way to obtain compensation, there are instances where going to trial may result in a higher payout. Your lawyer should be transparent about their approach, explaining whether they will negotiate aggressively with the insurance company or fight for you in court if a fair settlement cannot be reached.

Another key factor is the lawyer’s confidence in handling your case. While no attorney can guarantee a specific outcome, an experienced lawyer should have a strong belief in the merits of your claim. They should be prepared to take on insurance companies, present compelling arguments, and advocate fiercely for your best interests.

Personal Injury Fee Structure and Payment Options

Most personal injury lawyers work on a contingency fee basis, meaning you don’t have to pay any legal fees upfront. Instead, the attorney only gets paid if they win your case. This fee structure ensures that injury victims can access quality legal representation without financial barriers. However, it’s essential to clarify what percentage of the final settlement the lawyer will take and if there are any additional costs.

In addition to contingency fees, clients should be aware of potential extra costs such as court filing fees, expert witness fees, and administrative expenses. While many law firms cover these costs upfront and deduct them from the final settlement, it’s crucial to have a clear understanding of what fees you might be responsible for.

Transparency is key when discussing legal fees. A reputable lawyer will be upfront about costs, explain their fee structure clearly, and ensure there are no hidden charges. Avoid attorneys who are vague about pricing or hesitant to provide detailed explanations about potential expenses.

Look for a Lawyer Who Offers a Free Consultation

A free consultation is an excellent opportunity for injury victims to assess a lawyer’s expertise and approach before making a commitment. During this initial meeting, you can discuss the details of your case, learn about your legal options, and get a sense of whether the attorney is the right fit for you. A good lawyer will listen carefully, answer your questions, and provide a general outline of how they plan to handle your case.

There is no obligation to hire a lawyer after a free consultation, so clients can use this time to compare different attorneys before making a decision. This allows them to feel confident that they are choosing the best legal representation for their case.

To make the most of the consultation, come prepared with questions about the lawyer’s experience, strategy, expected timelines, and potential case outcomes. If possible, having a list of key concerns can help ensure that you get all the information needed to make an informed decision.

Need a Personal Injury Lawyer to Secure Fair Compensation?

If you’ve been injured due to someone else’s negligence, navigating the legal process alone can be overwhelming. A personal injury lawyer ensures you receive the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages.

An experienced injury lawyer understands the complexities of personal injury claims and will handle negotiations with insurance companies to maximize your settlement. They help gather crucial evidence, consult experts, and fight aggressively in court if necessary. With a lawyer on your side, you improve your chances of securing a fair and just outcome.

At Novian & Novian, we are committed to protecting your rights and ensuring you get the best possible result for your case. Schedule a free consultation today to discuss your case with a top-rated personal injury attorney in Los Angeles! Remember, don’t settle for less than you deserve!