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What Is the Role of a Personal Injury Lawyer in a Case?

Personal injury law is broad and encompasses many different areas. Some attorneys take on a wide variety of personal injury cases, ranging from car accidents to work injuries to premises liability. Other attorneys may opt to specialize in one or a few areas of personal injury law, such as medical malpractice.

Personal injury lawyers work to resolve legal disputes that typically involve some form of negligence liability. They assist people who have been hurt or suffered damages as a result of another party’s negligent behavior. Most personal injury cases are settled outside of court, and a personal injury lawyer will work to negotiate settlement options, whether that be with the other party, their attorney, or their insurance company. If a personal injury matter goes to court, the attorney will litigate the claims on their client’s behalf, presenting the evidence and witness statements to the judge or jury and arguing on their client’s behalf.

What Is the Role of a Personal Injury Lawyer in a Case?

Generally, the attorney’s work begins when a client seeks them out to represent them in a personal injury matter. The process entails fact-gathering, investigation, and interviewing, in order to become familiar with the facts – both favorable and unfavorable – that will be at the center of the lawsuit. They will work through the process of discovery to obtain relevant information from the other side. Personal injury attorneys need to be well-versed in the law and procedure that will apply to the case, and they work to ensure that they keep up with all new developments and legal issues that might arise.

Once a claim is filed, the attorney will work to gather evidence, witness testimony, and documentation in order to prove their client’s claims in court. The attorney must also anticipate any defenses and arguments that the other side might offer, and be able to rebut those claims in court. The attorney will present their client’s case in court, bringing appropriate pleadings, motions, and petitions along the way.

What Is the Value-Add of Hiring a Personal Injury Attorney?

An experienced and knowledgeable attorney can add tremendous value to your personal injury case. Consider the following important parts of a personal injury attorney’s work:

  • Your attorney will offer legal advice regarding your rights, options, and potential liabilities throughout the personal injury lawsuit process
  • Your attorney will research and ascertain the law that applies to your case, including any complex, difficult, or novel legal issues that might arise
  • Your attorney will thoroughly investigate the facts of your case and work to use the facts in your favor as much as possible
  • Your attorney will work with you to gather documents, witness statements, and other evidence to help prove your case and your damages
  • Your attorney will evaluate the damages in your case to come up with a fair and reasonable value for any settlement amount; this includes valuing the possible long-term damages 
  • Your attorney will ascertain the proper court in which to file your case and be familiar with the rules of procedure that will apply
  • Your attorney will file the appropriate pleadings, motions, and other court documents needed during the litigation process and ensure those filings meet all of your jurisdiction’s requirements
  • Your attorney will analyze the legal issues involved in your case and apply the law to the facts of your case in order to argue on your behalf; they will strategize with you on the best possible moves to make in your case
  • Your attorney will negotiate with the other party and their lawyer, along with all insurance companies involved, in order to obtain a favorable settlement on your behalf; they can also help renegotiate with the insurance company if your claim is denied
  • Your attorney will work to secure and collect payment from the other party or their insurance company
  • Because the process can be complex and lengthy, retaining a personal injury attorney can help simplify and resolve some of the major legal and technical issues

Whether it’s a settlement or going to trial, a knowledgeable and experienced personal injury attorney’s work can help influence a lawsuit’s outcome in a favorable way. By providing legal advice, explaining your rights, representing you in court, and negotiating on your behalf, a personal injury lawyer adds great value to your case.

How Can FVF Help?

An experienced lawyer can help you navigate the complex process of personal injury law. Our lawyers at FVF are well-versed in personal injury law and can discuss your rights, options, and possible outcomes in your case. Contact us today for a consultation about your personal injury case.



Fogelman & Von Flatern is a personal injury law firm that believes it matters why we practice law: to make sure good people in unfair circumstances who want reasonable options are taken seriously, especially by their attorney. We value transparency, compassion, and justice, and we strive to embody that in our practice. At FVF, you can trust that you've got the best people on your case, for the right reasons.

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