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Published on August 24, 2025
35 min read

What Personal Injury Lawyers Actually Do (And Why You Probably Need One)

What Personal Injury Lawyers Actually Do (And Why You Probably Need One)

So you got hurt, and it wasn't your fault. Now what?

If you're like most people, you're probably sitting there wondering if you need a lawyer, what they actually do all day, and whether it's worth the hassle. Maybe you're thinking you can handle this yourself—after all, how hard can it be to deal with an insurance company, right?

Wrong. Dead wrong.

Look, I get it. Nobody wakes up thinking "I hope I need a personal injury lawyer today." But accidents happen, and when they do, you're suddenly thrust into a world of insurance adjusters, medical bills, legal deadlines, and people whose job it is to pay you as little as possible. That's where we come in.

I'm going to break down exactly what personal injury lawyers do, why we exist, and how we can help you navigate this mess. No legal jargon, no fancy terminology—just straight talk about what really happens when you hire someone like me.

The Reality Check: Why You Can't Handle This Alone

Here's the thing everyone learns the hard way: the moment you get seriously injured in an accident, you become a target. Not in a scary movie way, but in a "let's see how little we can pay this person" way.

Think about it. You're dealing with pain, medical appointments, maybe you can't work, and you're worried about bills. Meanwhile, the other side has teams of professionals whose entire job is handling cases like yours. They do this every single day. They know exactly what to say, what questions to ask, and how to get you to accept less money than you deserve.

While you're trying to figure out if your back will ever stop hurting, they're calculating the minimum amount they can offer to make you go away.

That's not a fair fight.

When you hire a personal injury lawyer, you're leveling the playing field. Suddenly, they have to deal with someone who knows their tricks, understands the law, and isn't intimidated by their tactics.

But what exactly do we do? Let me walk you through it.

Day One: Building Your Wall of Protection

The first thing a good personal injury lawyer does is simple but crucial: we become your shield. The moment you hire us, we notify everyone involved that you're now represented by counsel. This means:

  • Insurance companies can't call and pressure you anymore
  • The other driver's insurance can't trick you into giving recorded statements
  • Hospital billing departments have to deal with us, not harass you
  • Employers asking nosy questions about your accident get directed to our office
  • Anyone trying to get information from you has to go through us

This might seem like a small thing, but it's huge. When you're hurt and vulnerable, the last thing you need is people calling all day trying to get you to say something that damages your case.

I've seen clients who tried to handle things themselves accidentally destroy their cases in a five-minute phone call with an insurance adjuster. They think they're being helpful by explaining what happened, not realizing that every word is being analyzed for ways to deny their claim.

Once we're involved, that stops immediately.

The Investigation: Playing Detective

While you're focused on getting better, we're building your case. This isn't like what you see on TV—it's methodical, detailed work that can make or break your claim.

We start by gathering everything: police reports, witness statements, photos of the scene, security camera footage if it exists, your medical records, employment records, insurance policies—basically anything that might be relevant to your case.

But here's where it gets interesting. Evidence disappears fast. Security cameras get recycled after 30 days. Witnesses move or forget details. Skid marks fade. Broken glass gets swept up. If you wait six months to hire a lawyer, half the evidence that could have won your case might be gone forever.

That's why smart people call us right away, even if they're not sure they want to file a lawsuit. We can preserve evidence while you decide what to do.

The Detective Work You Don't See

For a car accident, we're looking at traffic patterns, speed limits, sight distances, road conditions, vehicle maintenance records, cell phone records to see if someone was texting, bar receipts if alcohol might be involved—basically anything that helps explain what really happened.

If you slipped and fell, we're examining the property maintenance records, incident reports, employee training records, surveillance footage, weather conditions, lighting conditions—even the type of shoes you were wearing and whether the flooring met safety standards.

For medical malpractice cases, we're reviewing not just your medical records, but hospital policies, staffing schedules, equipment maintenance logs, similar incidents at the same facility—it gets incredibly detailed.

Most people don't realize how much investigation goes into building a strong personal injury case. It's not just "this person hit me, pay me money." It's "here are forty-seven pieces of evidence that prove exactly how this happened and why the defendant is responsible."

Dealing with Insurance Companies (AKA Professional Liars)

Let me be blunt about something: insurance companies are not your friends. They're not trying to "take care of you." They're for-profit businesses whose success depends on paying out as little as possible on claims.

They have entire departments full of people who specialize in:

  • Finding reasons to deny claims
  • Getting accident victims to accept lowball settlements
  • Using your own words against you
  • Delaying payments until you get desperate
  • Making the claims process so frustrating you give up

When you have a lawyer, all of that changes. Suddenly they're dealing with someone who knows their playbook and won't fall for their tricks.

The Games They Play

The Quick Settlement Trick: They'll call within days of your accident offering what sounds like a lot of money to settle immediately. They're hoping you'll take it before you understand how badly you're hurt or talk to a lawyer. Don't fall for it.

The Recorded Statement Trap: They'll ask for a recorded statement "just to get your side of the story." This is a setup. They're hoping you'll say something they can use to deny or reduce your claim later.

The Denial Dance: They'll find creative reasons to deny obvious claims, hoping you'll give up or accept a much smaller settlement just to end the hassle.

The Delay Game: They'll drag out the process for months or years, knowing that bills are piling up and you're getting desperate for money.

The Surveillance Special: In bigger cases, they'll literally hire private investigators to follow you around with cameras, hoping to catch you doing something that contradicts your injury claims.

When you have a lawyer handling your case, we shut down these games immediately. We know what they're doing, and we call them out on it.

Medical Records and Bills: The Paper Chase From Hell

Here's something nobody tells you about personal injury cases: a huge part of what we do is dealing with medical paperwork. Getting your medical records sounds simple, but it's actually a nightmare.

Doctors' offices lose requests. Hospitals charge hundreds of dollars for records. Specialists claim they never got our letter. Insurance companies want copies of everything but take forever to pay. Electronic records systems don't talk to each other. It's a mess.

We handle all of this so you don't have to. We know which doctors respond quickly and which ones need five follow-up calls. We know how to get records fast when we need them. We know what medical information is crucial to your case and what's irrelevant.

We also review all your medical bills for accuracy. You'd be shocked how often medical providers overcharge, bill for services they didn't provide, or use incorrect billing codes that make your injuries look less severe than they are.

Working with Your Doctors

Good personal injury lawyers develop relationships with medical providers who understand how to document injuries properly for legal cases. Some doctors are great at treating patients but terrible at explaining injuries in ways that help legal cases.

We work with your doctors to make sure they understand what information we need. We help them document not just your current condition, but your prognosis, any permanent limitations you might have, and what treatment you'll need in the future.

If your regular doctor isn't documenting things properly, we can refer you to specialists who understand both the medical and legal aspects of your case.

The Money Talk: What's Your Case Worth?

This is probably what you really want to know about. How much money can you get? The answer is: it depends on a lot of factors, and calculating the value of a personal injury case is part art, part science.

We look at several categories of damages:

Economic Damages (The Easy Math)

These are damages with specific dollar amounts attached:

  • Medical bills (past and future)
  • Lost wages (past and future)
  • Property damage
  • Out-of-pocket expenses
  • Cost of future medical care
  • Cost of assistance with daily activities

Non-Economic Damages (The Hard Math)

This is compensation for things that don't have price tags:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Disfigurement or scarring
  • Loss of consortium (impact on relationships)

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Punitive Damages (The Rare Jackpot)

These are awarded when the defendant's conduct was especially egregious—like drunk driving or intentionally harmful behavior. They're designed to punish the defendant and deter others from similar conduct.

Factors That Affect Value

Severity of Injuries: Obviously, more severe injuries are worth more money. But it's not just about how hurt you are—it's about how your injuries affect your life long-term.

Age and Occupation: A 25-year-old construction worker who can't work anymore is going to get more money than a 65-year-old retiree with the same injury, because the economic impact is greater.

Fault: In most states, if you're partially at fault for the accident, your recovery gets reduced by your percentage of fault.

Insurance Coverage: You can't get blood from a stone. If the defendant has minimal insurance and no assets, there's a limit to what you can recover.

Jurisdiction: Some areas have juries that tend to award higher amounts, others are more conservative. We factor this into our strategy.

Quality of Legal Representation: Insurance companies pay attention to which lawyers they're dealing with. They offer more money to lawyers they respect and less to lawyers they don't fear.

The Different Types of Cases We Handle

Personal injury law covers way more than just car accidents. Here's what we typically deal with:

Motor Vehicle Accidents

Cars, trucks, motorcycles, bicycles, pedestrians—if it involves vehicles and someone got hurt, we handle it. These cases often involve multiple insurance companies and can get complicated fast.

Slip and Fall Cases

Property owners have a legal duty to keep their premises reasonably safe. When they fail and someone gets hurt, they're liable for the damages.

Medical Malpractice

When healthcare providers screw up and patients get hurt as a result. These are among the most complex personal injury cases because you need to prove not just that something went wrong, but that it went wrong in a way that violated medical standards.

Product Liability

Defective products that cause injuries. This could be anything from a faulty ladder to a contaminated medication to a car with defective brakes.

Construction Accidents

Construction sites are incredibly dangerous, and workers get hurt frequently. These cases often involve multiple parties and complex insurance coverage issues.

Workplace Injuries

While most workplace injuries are covered by workers' compensation, sometimes there are third-party claims against equipment manufacturers, property owners, or other parties.

Wrongful Death

When someone dies due to another person's negligence, their family members can pursue a wrongful death claim for their losses.

Nursing Home Abuse and Neglect

Sadly common cases involving elderly residents who suffer injuries or deaths due to inadequate care.

The Litigation Process: When Negotiation Fails

Most personal injury cases settle out of court, but the possibility of going to trial is what gives settlement negotiations their power. If insurance companies knew we'd never actually file a lawsuit, they'd offer pennies on the dollar for every claim.

Here's how the litigation process typically works:

Filing the Lawsuit

This makes everything official. We file a complaint in court outlining what happened, why the defendant is liable, and what damages we're seeking.

Discovery

This is where both sides exchange information. We send written questions (interrogatories) to the defendant, take depositions (sworn testimony), and request documents. They do the same to us.

Expert Witnesses

In complex cases, we hire experts to explain technical issues to the jury. This might include accident reconstruction specialists, medical experts, economists, or others depending on the case.

Mediation and Settlement Conferences

Most courts require parties to try mediation before trial. This is a structured negotiation process with a neutral third party trying to help both sides reach an agreement.

Trial

If we can't reach a settlement, we go to trial. This is where we present evidence to a judge or jury and ask them to award damages based on the law and facts.

Appeals

Either side can appeal if they think the court made legal errors. This can add years to the process.

The litigation process can take months or even years, but it's often the only way to get fair compensation when insurance companies won't negotiate reasonably.

The Money Side: How We Get Paid

Most personal injury lawyers work on contingency, which means we don't get paid unless you get paid. Here's how it typically works:

Contingency Fee Structure

Our fee is usually a percentage of whatever we recover for you—typically 33% to 40%. If we don't win your case, you owe us nothing for legal fees.

This aligns our interests with yours. We only make money if you make money, so we're motivated to get you the best possible result.

Case Expenses

Legal fees and case expenses are different things. Expenses include things like:

  • Court filing fees
  • Medical record fees
  • Expert witness fees
  • Deposition costs
  • Investigation expenses

Most personal injury lawyers advance these costs and get reimbursed from your settlement. If we lose your case, you're technically responsible for expenses, but most lawyers don't go after clients for costs in losing cases.

Why Contingency Fees Make Sense

The contingency fee system allows injured people to get quality legal representation even if they can't afford to pay a lawyer upfront. It also motivates lawyers to work hard and be selective about the cases they take.

Studies show that people who hire lawyers typically get more money even after paying legal fees than people who try to handle cases themselves.

Choosing the Right Personal Injury Lawyer

Not all personal injury lawyers are created equal. Here's what to look for:

Experience That Matters

Ask about their specific experience with cases like yours. A lawyer who handles mostly car accidents might not be the best choice for a complex medical malpractice case.

Trial Experience

Ask how many cases they've taken to trial in the past few years. Lawyers who never go to trial don't have much leverage in settlement negotiations.

Resources

Personal injury cases can be expensive to prosecute properly. Make sure your lawyer has the financial resources to handle your case correctly.

Communication Style

You want a lawyer who returns calls, answers questions, and keeps you informed about what's happening with your case.

Reputation

Ask other lawyers who they'd hire if they got hurt. Check online reviews, but take them with a grain of salt—unhappy people are more likely to leave reviews than satisfied clients.

Specialization

Look for lawyers who focus primarily on personal injury law rather than general practitioners who handle everything.

Red Flags to Avoid

Some warning signs that you should find a different lawyer:

  • Guarantees a specific outcome
  • Asks for money upfront
  • Has been disciplined by the bar
  • Doesn't return calls or emails
  • Seems to be handling too many cases to give yours proper attention
  • Makes promises that sound too good to be true

The Investigation Phase: CSI for Personal Injury

The investigation phase is where cases are won or lost, and it's probably the part of our job that's most misunderstood. People think we just file some paperwork and negotiate with insurance companies. The reality is much more intensive.

Accident Reconstruction

For serious accidents, we often hire accident reconstruction specialists. These are usually former police officers or engineers who can analyze physical evidence and recreate exactly what happened.

They look at things like:

  • Vehicle damage patterns
  • Skid marks and debris fields
  • Impact forces and angles
  • Speed calculations based on damage
  • Line of sight issues
  • Road conditions and defects

In one car accident case I handled, the insurance company claimed my client ran a red light. Our accident reconstruction expert proved that based on the damage patterns and skid marks, the other driver had to have been speeding excessively and actually ran the red light himself. That analysis turned a denial into a six-figure settlement.

Witness Interviews

Finding and interviewing witnesses is crucial, and it's harder than it sounds. People are busy, they don't want to get involved, and their memories fade quickly.

We've learned that you have to interview witnesses fast—within days of the accident if possible. We also re-interview them later to make sure their story is consistent.

Sometimes witnesses remember additional details when we talk to them a second time. Other times, we discover that someone we thought was a good witness actually didn't see what we thought they saw.

Surveillance and Video Evidence

These days, everything is recorded. Traffic cameras, security cameras, dashcams, cell phone videos—there's usually some kind of video evidence available if you know where to look and how to get it.

The trick is acting fast. Most businesses delete security footage after 30 days. Traffic cameras might keep recordings for 60-90 days. If you wait too long, that evidence is gone forever.

We've gotten video evidence from sources people never think of: nearby businesses, ATM cameras, residential doorbell cameras, school bus cameras, even satellites in some cases.

Social Media Investigation

Like it or not, social media has become a major factor in personal injury cases. Insurance companies routinely scour Facebook, Instagram, X, and other platforms looking for evidence that contradicts injury claims.

That vacation photo you posted three months after your accident? The insurance company's lawyer will blow it up to poster size and show it to the jury, arguing that you couldn't have been in that much pain if you were able to go on vacation.

We help our clients understand what they should and shouldn't post on social media during their case. We also monitor the other side's social media to see if they post anything that helps our case.

Medical Aspects: Understanding Your Injuries

Personal injury lawyers need to become mini-medical experts. We have to understand not just what injuries our clients have, but how those injuries occurred, what treatment is necessary, what the prognosis is, and how the injuries will affect their lives long-term.

Working with Medical Experts

In serious injury cases, we often hire independent medical experts to review our client's treatment and provide opinions about their condition.

This might seem unnecessary—after all, the client is already treating with doctors. But there are several reasons why independent medical experts are crucial:

Treatment vs. Legal Documentation: Treating doctors focus on getting patients better. They don't necessarily document injuries in ways that are helpful for legal cases.

Causation Issues: We need experts who can definitively link the client's injuries to the accident, especially when there are pre-existing conditions involved.

Future Medical Needs: Treating doctors might not want to speculate about future treatment needs, but legal cases require us to prove what medical care will be needed in the future.

Opposing Expert Testimony: The defense will hire their own medical experts who will minimize the client's injuries. We need our own experts to counter their testimony.

Understanding Injury Mechanisms

Different types of accidents cause different injury patterns. A rear-end collision at 25 mph causes different injuries than a T-bone crash at 45 mph. Understanding these patterns helps us identify injuries that might not be immediately apparent.

For example, in rollover accidents, we always look for traumatic brain injuries even if the client wasn't knocked unconscious. The forces involved in rollovers can cause brain injuries that don't show up on initial CT scans.

In slip and fall cases, we look for specific injury patterns depending on how the person fell. Someone who fell backward will have different injuries than someone who fell forward or to the side.

Documenting Pain and Suffering

This is one of the hardest parts of personal injury cases. How do you put a dollar value on pain? How do you prove to a jury that someone is suffering when they look fine on the outside?

We use several approaches:

Pain Journals: We have clients keep daily journals documenting their pain levels, what activities they can and can't do, and how their injuries affect their daily lives.

Activity Restrictions: We document specific activities the client can no longer do or can only do with difficulty—playing with their kids, doing household chores, participating in hobbies, etc.

Photographic Evidence: We take photos of visible injuries, scars, medical equipment, and anything else that helps illustrate the client's condition.

Day-in-the-Life Videos: In severe injury cases, we sometimes create videos showing how the client's daily routine has changed because of their injuries.

The Negotiation Game: Psychology and Strategy

Settlement negotiations are part psychology, part strategy, and part poker game. It's not just about presenting facts—it's about understanding what motivates the other side and crafting arguments that resonate with them.

Understanding the Other Side's Position

Insurance adjusters aren't evil people (mostly). They're professionals with quotas to meet and supervisors to answer to. Understanding their constraints helps us negotiate more effectively.

Claims Budget: Every adjuster has a budget for settling claims. They can approve settlements up to a certain amount without getting approval from supervisors.

File Management: Adjusters handle dozens of cases at once. They want to resolve cases quickly so they can focus on newer claims.

Company Policies: Different insurance companies have different settlement philosophies. Some settle cases relatively quickly, others fight everything.

Personal Relationships: Adjusters deal with the same lawyers repeatedly. They're more likely to negotiate fairly with lawyers they trust and respect.

Settlement Strategies

Timing: When you make your settlement demand can be just as important as how much you demand. Demanding too much too early can make you look unreasonable. Waiting too long can make you look desperate.

Documentation: Insurance companies want to see documentation for everything. The better our documentation, the stronger our negotiating position.

Leverage: The threat of trial is our biggest leverage point. If the insurance company knows we're prepared to go to trial, they're more likely to negotiate seriously.

Multiple Defendants: When there are multiple parties at fault, we can sometimes play them against each other to get better settlements from all of them.

Common Negotiation Tactics

The Lowball: They'll start with an insultingly low offer, hoping we'll counter with something much lower than our actual target.

The Deadline: They'll create artificial deadlines to pressure us into accepting quick settlements.

The Authorization: They'll claim they don't have authority to offer more money without getting approval from supervisors, then use that delay to frustrate us.

The Documentation Game: They'll claim they need more documentation, then use the delay to pressure us into accepting lower settlements.

We know all these tactics and have counter-strategies for each one.

Trial Preparation: Getting Ready for War

Even though most cases settle, we prepare every case as if it's going to trial. This preparation is what makes our settlement negotiations credible.

Building the Story

Trials aren't just about presenting facts—they're about telling a compelling story that helps the jury understand what happened and why our client deserves compensation.

We structure our presentation around a clear narrative:

  • What was our client's life like before the accident?
  • What happened in the accident and why was it the defendant's fault?
  • How has the accident changed our client's life?
  • What does our client need to move forward?

Visual Evidence

Juries respond to visual evidence much better than verbal testimony. We use:

Demonstrative Exhibits: Charts, diagrams, and models that help explain complex concepts.

Day-in-the-Life Videos: Videos showing how the client's daily routine has changed because of their injuries.

Computer Animations: Animated recreations of accidents that help juries understand complex accident scenarios.

Medical Illustrations: Detailed illustrations of injuries that help juries understand the medical issues involved.

Expert Witness Preparation

Expert witnesses can make or break a case, but they need to be prepared properly. Academic experts who are brilliant in their field can be terrible witnesses if they can't explain complex concepts in simple terms.

We spend significant time preparing our experts to testify effectively:

  • Practicing direct examination
  • Preparing for cross-examination
  • Simplifying complex concepts
  • Creating visual aids to support their testimony

Mock Trials

In big cases, we sometimes conduct mock trials with volunteer jurors. This helps us identify weaknesses in our case and practice our presentation.

Mock trials can reveal surprising things. Sometimes issues we think are important don't matter to jurors, and other times jurors focus on details we didn't think were significant.

The Business Side of Personal Injury Law

Personal injury law is a business, and understanding the business aspects helps explain how we operate and why we make certain decisions.

Case Selection

Personal injury lawyers can't take every case that walks through the door. We have to be selective because we're advancing all the costs and time upfront with no guarantee of payment.

Factors we consider when evaluating potential cases:

  • Strength of liability (how clear is it that the defendant was at fault?)
  • Severity of damages (are the injuries significant enough to justify the time and expense?)
  • Insurance coverage (is there enough coverage to pay a meaningful judgment?)
  • Client credibility (will the client be a good witness?)
  • Statute of limitations (is there enough time left to pursue the case properly?)

Resource Management

Big personal injury cases can cost hundreds of thousands of dollars to pursue properly. Between expert witnesses, medical records, depositions, and trial preparation, costs add up fast.

Law firms that handle serious personal injury cases need significant capital reserves to fund cases through completion. This is why some smaller firms refer big cases to larger firms—they simply don't have the resources to handle them properly.

Referral Relationships

Personal injury lawyers often have referral relationships with other lawyers. If we get a case that's outside our expertise, we'll refer it to a specialist and typically receive a referral fee.

This system benefits clients because they get lawyers who specialize in their type of case. It also allows lawyers to focus on what they do best rather than trying to handle every type of case.

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Technology and Personal Injury Law

Technology has dramatically changed how personal injury cases are investigated, prepared, and presented.

Digital Evidence

These days, there's a digital trail for almost everything:

  • Cell phone records showing if someone was texting while driving
  • GPS data showing vehicle locations and speeds
  • Electronic control module data from vehicles showing brake application and impact forces
  • Wearable device data showing activity levels before and after accidents

Case Management Systems

Modern law firms use sophisticated case management systems to track deadlines, organize documents, and manage communications. This technology allows us to handle cases more efficiently and avoid critical mistakes.

Presentation Technology

Trial presentations have evolved far beyond poster boards and flip charts. We now use:

  • Interactive displays
  • Real-time graphics
  • 3D animations
  • Virtual reality recreations

These tools help juries understand complex concepts and stay engaged during long trials.

The Future of Personal Injury Law

The personal injury field continues to evolve in response to changes in technology, medicine, and society.

Autonomous Vehicles

Self-driving cars are going to completely change how vehicle accident cases are handled. Instead of focusing on driver behavior, we'll be looking at software defects, sensor malfunctions, and manufacturer decisions.

Telemedicine

The COVID-19 pandemic accelerated the adoption of telemedicine, which presents both opportunities and challenges for personal injury cases. Remote consultations make healthcare more accessible, but they also make it harder to document injuries thoroughly.

Artificial Intelligence

AI is starting to play a role in case evaluation, document review, and legal research. While AI won't replace lawyers, lawyers who use AI effectively will have advantages over those who don't.

Social Media Evolution

As social media continues to evolve, so do the challenges and opportunities it presents for personal injury cases. New platforms and features create new ways for evidence to be created and preserved—or destroyed.

Final Thoughts: Why This Matters

Personal injury law exists because accidents happen and someone needs to be responsible for the consequences. When you're hurt because of someone else's negligence, the law provides a mechanism for you to recover compensation for your damages.

But the system only works if you understand your rights and have competent representation. Insurance companies and defense lawyers are counting on you not knowing what your case is worth or how to present it effectively.

That's where we come in. We level the playing field and make sure you get fair compensation for your injuries and losses.

If you've been injured in an accident that wasn't your fault, don't try to handle it alone. The stakes are too high and the other side is too well-prepared. Contact an experienced personal injury lawyer and get someone in your corner who knows how to fight for your rights.

At Dolman Law Group, we've been fighting for injury victims for over a decade. We have the experience, resources, and commitment to handle your case properly and get you the compensation you deserve. Contact us today for a free consultation and let us show you what we can do for your case.