What a personal injury attorney does after an accident
A personal injury attorney represents you in a claim against someone else's insurance company or in court if a settlement cannot be reached. They do not work for the insurance company — they work for you, and they are paid only if you receive money. Their job is to investigate what happened, prove the other party was at fault, calculate what your injuries are worth, and negotiate or litigate to get you that amount.
Most accident cases never reach trial. An attorney's real work is building a case strong enough that the other side's insurance company wants to settle rather than fight. That means gathering police reports, medical records, witness statements, and photos; hiring experts if needed; and writing a demand letter that explains why the other party owes you money and how much.
You do not need an attorney for every accident. If you have minor injuries, clear liability (the other party is obviously at fault), and the insurance company is cooperating, you may recover what you are owed without one. But if injuries are serious, liability is disputed, or the insurance company is denying your claim, an attorney levels the playing field.
Key Takeaways
- Personal injury attorneys work on contingency, meaning they take a percentage of what you recover — usually 25 to 40 percent — and you pay nothing upfront.
- An attorney investigates the accident, gathers evidence, and negotiates with the insurance company on your behalf, which often results in a higher settlement than you would receive alone.
- You should consider hiring an attorney if your injuries require ongoing treatment, the other party denies fault, or the insurance company has denied your claim.
- The attorney-client relationship is confidential; anything you tell them cannot be used against you, and they cannot share it without your permission.
- Most cases settle within months; if settlement fails, your attorney will file a lawsuit and represent you through trial if necessary.
How attorneys are paid and what it costs you
Personal injury attorneys work on contingency, which means they take a percentage of the money you recover and you pay nothing out of pocket. If you receive no settlement or judgment, your attorney receives no fee. This arrangement exists because it aligns the attorney's interest with yours — they only make money if you do.
The percentage varies by attorney and by case type, but typically ranges from 25 to 40 percent of the final recovery. A few states cap this percentage by law; others leave it to negotiation. Before you hire an attorney, ask what percentage they charge and whether that rate applies to settlements, judgments, and appeals. Some attorneys charge a lower percentage for early settlements and a higher one if the case goes to trial.
Beyond the attorney's fee, there are case costs — expenses the attorney pays to build your case. These include court filing fees, informed witness fees, medical record requests, and deposition transcripts. Some attorneys advance these costs and deduct them from your recovery; others ask you to pay them as they arise. Ask this in writing before you sign an agreement. If you lose the case, you typically owe these costs even though the attorney's fee is waived.
When you should hire an attorney versus handling it yourself
You can file a claim with the other party's insurance company on your own. The insurer will assign an adjuster to investigate and make an offer. If the offer seems fair and your injuries are minor, you may not need an attorney. But several situations tip the balance toward hiring one.
Hire an attorney if your medical treatment will last months or longer, because future costs are hard to predict and straightforward to undervalue. Hire one if the other party denies they were at fault, because proving liability requires investigation and evidence that an adjuster will not do for you. Hire one if you have lost wages or cannot return to your job, because those damages are often overlooked in quick settlements. Hire one if the insurance company has already denied your claim, because appeals require documentation and legal argument.
You should also hire an attorney if the accident involved a commercial vehicle, a government agency, or a business — these defendants have insurance companies with experienced lawyers on staff, and you need someone on your side with equal footing. If you were partly at fault for the accident, an attorney can argue comparative negligence and recover what you are still owed in states that allow it.
What happens when you hire an attorney
Your first meeting is usually free. The attorney will ask you to describe the accident, your injuries, and what medical care you have received. Bring any documents you have: the police report, insurance information from the other driver, photos of the damage, medical bills, and records of time off work. The attorney will explain whether they think you have a case, what they estimate it might be worth, and what the process will look like.
If you hire them, you will sign a retainer agreement, which is a contract stating the attorney's fee percentage, how case costs are handled, and what you are authorizing them to do on your behalf. This agreement also allows them to request your medical records and communicate with the insurance company without you present at every step.
The attorney will then send a demand letter to the other party's insurance company, which includes a summary of the accident, proof of liability, your medical records and bills, and a dollar amount you are demanding. The insurance company will respond with an offer, usually lower than your demand. Your attorney will negotiate back and forth. If an agreement is reached, you will sign a release form, the insurance company will send a check, your attorney will take their fee and case costs, and you will receive the remainder. This process typically takes two to six months for straightforward cases.
What happens if the insurance company will not settle
If negotiation stalls, your attorney may file a lawsuit in civil court. This does not mean you are going to trial — most cases settle even after a lawsuit is filed, because the lawsuit forces the other side to take the claim seriously and incur legal costs of their own. Filing a lawsuit also starts the discovery process, in which both sides exchange documents and take sworn statements called depositions.
If settlement still does not happen, the case goes to trial. Your attorney will present evidence to a judge or jury, call witnesses, and argue why the other party is liable and what your damages are worth. You will testify about the accident and your injuries. The other side will do the same. After both sides present their case, the judge or jury decides whether the defendant is liable and, if so, how much to award you.
Trial is rare — fewer than 5 percent of personal injury cases reach trial — but your attorney should be prepared for it. Before you hire an attorney, ask whether they have trial experience and whether they have taken cases to trial in the past. An attorney who settles every case may not have the leverage to negotiate as effectively.
Questions to ask before hiring an attorney
Interview at least two or three attorneys before you decide. Ask each one the same questions so you can compare. Find out how long they have practiced personal injury law, how many cases like yours they have handled, and what the typical outcome was. Ask whether they will handle your case personally or hand it off to another attorney in the firm.
Ask about their fee structure in writing — the percentage they charge, whether it changes if the case goes to trial, and how case costs are handled. Ask whether they have handled cases against the specific insurance company involved in your accident, because some insurers are more difficult to negotiate with than others. Ask how they will communicate with you — whether you can call them directly or will speak to a paralegal, and how often they will update you on progress.
Ask what they think your case is worth and why. If one attorney says $50,000 and another says $200,000, ask them to explain the difference. The higher estimate is not always right; sometimes it reflects unrealistic expectations. Ask what risks they see and what could go wrong. An attorney who promises a specific outcome is not being honest.
How to find a personal injury attorney
Start with referrals from people you know who have hired an attorney. Ask your primary care doctor or a hospital social worker — they often know which attorneys handle accident cases well. Your state bar association maintains a directory of licensed attorneys and can tell you whether any complaints have been filed against them.
Many personal injury attorneys advertise online or on billboards, but advertising does not indicate quality. Look for attorneys who are board-certified in personal injury law, which requires passing an exam and maintaining continuing education. Check their website for information about their experience and past cases they have handled.
Avoid attorneys who pressure you to hire them when ready or who may provide a specific outcome. Avoid those who want you to sign documents before you have read them or who will not answer your questions. A good attorney will take time to explain your options and will not rush you into a decision.
Frequently Asked Questions
Can I hire an attorney after I have already settled with the insurance company?
No. Once you sign a release form, you have given up your right to sue. The insurance company will not reopen a settled claim. If you think you settled for too little, consult an attorney when ready — some states allow you to rescind a release within a short window if you can show you did not understand what you were signing, but this is rare and difficult to prove.
What if the other driver does not have insurance?
You can still file a claim under your own uninsured motorist coverage, which is part of most auto insurance policies. An attorney can help you file this claim and negotiate with your own insurance company, which often resists paying. The process is similar to a third-party claim, but your own insurer is the defendant.
How long do I have to hire an attorney after an accident?
Each state sets a time limit called the statute of limitations, which is usually two to three years for personal injury cases. Do not wait until the last minute — evidence disappears, witnesses move away, and memories fade. Hire an attorney within months of the accident if you think you will need one.
Can an attorney help if I was partly at fault for the accident?
Yes. In most states, you can recover damages even if you were partly at fault, though the amount is reduced by your percentage of fault. An attorney can argue that the other party was more at fault than you were and negotiate a settlement that accounts for shared responsibility.
What if the other party sues me for injuries they claim I caused?
Your auto insurance company will assign a defense attorney to represent you at no cost to you. That attorney works for the insurance company, not for you, so their goal is to minimize what the company pays. If you have concerns about how your defense is being handled, you can hire your own attorney, though you will pay for them separately.