What Does a Personal Injury Lawyer Do?

March 28, 2024
Personal Injury

A personal injury attorney is a civil litigator who offers legal representation to plaintiffs who are alleging psychological or physical injury because of the negligent actions of another person, organization, or entity. Personal injury lawyers specialize in tort law. This covers civil or private injuries or wrongs, including defamation and actions in bad faith breach of contract. Tort law aims to make the injured person whole again and to discourage negligent parties from committing the same offense.

Personal injury attorneys help defendants receive financial compensation for their losses, such as reasonable medical expenses, both present and expected, loss of earning capacity because of an inability to work, loss of consortium or companionship, pain and suffering, emotional distress, and legal costs and attorney fees. Also, they work to protect their clients from being victimized by the legal system and insurance companies. At Marks Law Group, we have decades of experience successfully handling, through both settlement and litigation for the following personal injury cases:

  • Car accidents;
  • Motorcycle accidents;
  • Truck accidents;
  • Bus accidents;
  • Wrongful death lawsuits;
  • Premises liability cases; and
  • Product liability cases

To schedule a free initial consultation, contact our personal injury law firm today at (678) 251-9309, or chat with us online to learn how we can help.

What Cases Do Personal Injury Lawyers Handle?

Any claim or case that involves a bodily injury falls under personal injury law. Common types of cases personal injury lawyers handle may include:


What Does a Personal Injury Lawyer Do?

A personal injury lawyer protects their client's legal rights. This means that a personal injury attorney must recognize and anticipate legal issues before they arise and intervene on their client’s behalf. Often, this involves a continuous flow of activities. The specific tasks that a personal injury attorney does depend on the specialty area, the type of case, and where they are in the process of a case. Some tasks that personal injury attorneys may do and how they benefit your personal injury case include:

Investigating Personal Injury Claims

Personal injury attorneys often charge on a contingency fee basis. This means they only charge the attorney’s fees after they have secured a jury verdict or financial settlement. Because personal injury lawyers often finance a personal injury case, they’re cautious when screening potential clients and evaluating the merits of the personal injury lawsuit. A personal injury lawyer won’t take on a case that he or she doesn’t believe will result in a win for his or her client.

Collecting Evidence

A personal injury attorney may collect evidence to support his or her client’s claim. This might involve obtaining an accident or police report. Also, a personal injury lawyer may track down witnesses and get witness statements. He or she may instruct a photographer to take photos of the accident report. Also, a personal injury attorney preserves evidence for the case, including camera footage, property damage, and any other evidence.

Evidence helps establish liability for who caused the incident and the extent of the damages that you suffered. Evidence may include medical records, medical reports, medical bills, employment reports, employment documents, and property damage reports.

Negotiating with Insurance Companies

Most people don’t negotiate as part of their daily lives. However, personal injury attorneys are used to negotiating with insurance adjusters. They can review the insurance policy details and establish the maximum compensation that may be available based on the specific facts of the case. Also, a personal injury lawyer handles all communications with the insurance provider. And they prevent the personal injury victim from doing anything that can harm their personal injury claim, including giving a recorded or written statement.

Sending Demand Letters

A personal injury attorney may send a demand letter to an insurer after vetting the personal injury claim. The demand letter states the facts of the accident and demands a certain amount of damages for the injuries you suffered.

Preparing Pleadings

If the insurance company doesn’t offer a fair settlement, your personal injury lawyer may prepare a complaint against the at-fault party. The complaint lays out the legal arguments concerning why the at-fault party is responsible for the accident. Also, the complaint states the number of losses that you’re seeking. Typically, the defendant has 30 days from the date of receiving the complaint to respond to it.

Conducting Discovery

Your personal injury lawyer also may start the discovery process. This entails sending interrogatories to the responsible party to gather certain information. Also, it involves deposing witnesses, parties, and experts.

Representing You at Trial

If your personal injury claim proceeds to trial, a personal injury lawyer offers legal representation in court. Personal injury attorneys are familiar with court procedures and can make sure that these steps are followed carefully.

How to Choose the Right Personal Injury Attorney?

When hiring a personal injury lawyer, focus on their:

  • Practical experience: This is a crucial consideration. There’s an enormous difference between the practice of law and the theory of it, and the only way to gain experience in the courtroom procedures and negotiation skills is to work in both. Our Decatur, GA personal injury lawyers have extensive experience in litigation, which means we understand how to craft compelling, successful defense strategies.
  • Relevant experience: It's essential to remember that “personal injury law” is a broad practice involving many case types. So, experience is fundamental, but make sure the attorney you choose has relevant experience in similar cases. Both motor vehicle accidents and defective drugs can result in personal injury lawsuits, but if you've been hurt by defective medical equipment, you want a lawyer who has experience handling similar cases.
  • Track record of success: Finally, you want to evaluate the potential attorney's track record. Has he or she won similar cases? Do they have a list of settlements or verdicts they can point to; to prove their successes?


What Percentage Does a Personal Injury Attorney Take?

Again, personal injury lawyers work on a contingency fee basis. This means that you won’t pay your attorney for his or her legal services unless he or she wins your case. Once you find the right attorney, you and your attorney will agree upon the contingency percentage. Often this percentage ranges between 33 and 40 percent of the total financial settlement or verdict But, this percentage can go up or down depending on the circumstances of your case. 

It’s essential to note that almost all personal injury law firms cover legal fees and associated costs as part of the contingency fee, but some law firms charge interest on these payments. Thus, you must understand the full implications of any contract you sign with a personal injury attorney to avoid unpleasant surprises once your personal injury has been completed.

If you’ve sustained injuries in an accident, you may seek financial compensation for damages including lost income, medical expenses, property damage, personal pain and suffering, and other financial losses. Before you settle a personal injury claim with the insurance company, talk to one of the experienced Decatur personal injury lawyers at Marks Law Group to make sure you are not waiving your legal rights or accepting less than you’re entitled to.

At Marks Law Group, our personal injury lawyers understand the effect a serious bodily injury can have on every aspect of a person’s life. Catastrophic injuries are costly. We know how crucial it is that you receive the financial compensation you deserve.

If you live in Decatur or anywhere in Georgia and you need an experienced personal injury lawyer, please call our law offices in Decatur, Georgia today at (678) 251-9309 for a free consultation.