Ever wondered what really happens after you hire a personal injury lawyer?
When people think of trials, they think of sensational courtroom dramas and impassioned closing arguments. In reality, it’s completely different. Most of the work is done well before your case ever makes it to court.
Actually, only 5% of cases go to trial. The majority of what an accident lawyer does will never be seen by the public.
Here’s what actually goes on…
In this guide:
- What Personal Injury Lawyers Really Do
- The Behind-The-Scenes Case Process
- Why Representation Matters For Your Settlement
- How To Pick The Right Accident Attorney
What Personal Injury Lawyers Really Do
A personal injury lawyer is so much more than just a person who files papers and appears in court.
Lawyers are part detective, part negotiator, part strategist, and part counselor. They work very hard on building the strongest possible personal injury case for their injured client – piece by painstaking piece. The fact is most of that legwork happens behind-the-scenes where no one sees it.
That’s why choosing the correct accident attorney is so important to your injury settlement.
Hiring a qualified Baton Rouge personal injury lawyer is like hiring a general contractor. You don’t have to get your hands dirty. From collecting evidence to negotiating your injury settlement, they’ve got you covered. All you need to do is rest and recover.
That’s kind of the whole point, right?
A victim shouldn’t have to be chasing down medical records, arguing with insurance adjusters, and researching state tort law. Let an accident lawyer handle that.
The Behind-The-Scenes Case Process
So what does an average day look like for a personal injury lawyer?
This is the dirty secret… It doesn’t look sexy. Phone calls. Spreadsheets. Letters. Hours lost in research. And it all occurs in a very particular order that no clients will ever witness.
Investigating The Accident
First and foremost, a personal injury lawyer must determine what happened. This is perhaps the most crucial step in any case.
They will:
- Pull police reports and 911 dispatch records
- Interview witnesses while memories are still fresh
- Visit the accident scene to take photographs
- Request traffic camera or surveillance footage
- Bring in accident reconstruction experts (if needed)
Miss one little thing and the case can come crashing down later. That’s how great attorneys work at warp speed.
Gathering Medical Evidence
Next comes the paper trail.
The success of an injury settlement is determined by how thoroughly the injury is documented. Attorneys devote countless hours to gathering:
- Emergency room records
- Doctor’s notes and diagnoses
- Bills for treatment and rehab
- Prescription records
- Future medical care projections
And guess what? They read them too. One overlooked diagnosis in a chart can cost tens of thousands of dollars more on a settlement.
Calculating True Damages
Most people think of damages as just medical bills. Not even close.
A good accident attorney calculates:
- All past medical costs
- Estimated future medical care
- Lost wages from missed work
- Lost future earning capacity
- Pain and suffering
- Loss of enjoyment of life
They collaborate with economists, physicians and vocational experts to determine what a fair number should actually look like. Without understanding the true value of your case, you will settle for far less than you deserve.
Dealing With Insurance Companies
Now for the part clients hate the most… The insurance companies.
Insurance companies do not want to pay you. Every dollar they give you is one taken off their bottom line. That is why they employ tactics like:
- Delaying responses on purpose
- Requesting endless documentation
- Making lowball first offers
- Twisting recorded statements
- Blaming the victim
A personal injury lawyer is intimately familiar with all these tactics. They manage all communications so that the injured person doesn’t have to.
Negotiating The Settlement
Once evidence is gathered and damages are calculated, it’s time to negotiate.
This is where experience really shows.
Experienced attorneys draft “demand packages” which contain all of the facts of the case: medical records, damage computations, liability evidence and legal theories. A well-constructed demand package will compel insurance companies to take your case seriously from the outset.
In fact, the statistics prove it. Industry statistics show that claimants who are represented earn 340% more on average than those who go it alone.
Filing A Lawsuit (If Needed)
If the insurance company won’t play ball… A lawsuit gets filed.
But even when you file suit, most cases still settle. Filing the lawsuit is just added pressure on the insurance company to negotiate reasonably.
Only a small handful of personal injury cases ever see a jury.
Why Representation Matters For Your Settlement
Some individuals attempt to deal with injury claims themselves. This is almost never a good idea.
Here’s why:
Insurance adjusters are professionals. They know how to take advantage of civilians and trick them into settling for less. If you don’t have a lawyer, you are rolling over before you start.
Consider:
- Lawyers spot damages that untrained people miss
- Lawyers know how to counter lowball offers
- Lawyers understand court deadlines and legal rules
- Lawyers can hire the right expert witnesses
And most personal injury lawyers only get paid if you win. This is known as a “contingency fee” basis.
No risk. No upfront costs.
That’s one of the main reasons why injured persons are able to obtain competent legal representation despite financial constraints.
How To Pick The Right Accident Attorney
Lawyers are not all cut from the same cloth. Settling with the right accident attorney can mean going from minimal payoff to life altering funds.
Look for someone who:
- Focuses only on personal injury cases
- Has a track record of trial wins (not just settlements)
- Communicates clearly and often
- Offers a free initial consultation
- Comes highly recommended by past clients
Don’t work with lawyers who are secretive about their track record or pressure you into signing a quick settlement. It usually won’t be in the victim’s best interest.
Ask questions during the free consultation:
- How many cases like mine have you handled?
- Do you take cases to trial when needed?
- Who will actually work on my case?
- What is the fee structure?
Good lawyers welcome these kinds of questions.
The Bottom Line
No injury settlement is ever easy. There’s a lot of work that goes on behind the scenes that most people don’t see.
A personal injury lawyer investigates the accident scene, collects medical evidence, tallies damages, negotiates with insurance companies and – if necessary – litigates in court. That way, the client can concentrate on healing.
It’s a lot more than paperwork.
The next time you read about a multi-million dollar settlement, don’t think that number magically appeared overnight. Someone worked quietly and diligently (behind the scenes) for months – sometimes years – fighting for that victim. And that someone was a knowledgeable accident lawyer who knew what to do.
And that is exactly what makes a great personal injury lawyer worth every penny.
