A personal injury lawyer is a civil attorney who represents people hurt by someone else's negligence or wrongful conduct.
Their job is to prove that the other party is legally responsible for your injuries and to recover the maximum compensation available, through settlement or trial.
They do not charge by the hour. Personal injury lawyers work on contingency, meaning they take a percentage of what they recover for you and nothing if they lose.
According to Cornell Law's Legal Information Institute, contingency fees in personal injury cases typically range from 20% to 50% depending on the complexity and stage of the case.
A standard arrangement is roughly one-third of the recovery if the case settles before trial.
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What Does a Personal Injury Lawyer Actually Do Step by Step
Step 1 -- Free Case Evaluation
The process starts with a consultation. The attorney listens to what happened, reviews your injuries and losses, and assesses whether a viable legal claim exists.
Because personal injury lawyers only get paid if they win, they evaluate cases carefully. If the case has merit, you sign a written contingency fee agreement and representation begins.
At this stage the attorney is also identifying deadlines. In New York, the statute of limitations for most personal injury claims is 3 years under CPLR § 214. Medical malpractice is 2 years and 6 months under CPLR § 214-a. Claims against government entities often require a Notice of Claim within 90 days. A missed deadline can end a case before it starts.
Step 2 -- Investigation and Evidence Gathering
Once retained, the attorney builds the factual record that proves your case. This includes:
- Medical records and bills documenting your injuries and treatment
- Police or incident reports
- Photographs and video from the scene
- Witness statements and contact information
- Employment records to document lost wages
- Expert opinions where needed, including accident reconstruction specialists, medical experts, or economists
Evidence is not just collected for trial. It is what drives insurance negotiations. The stronger the documentation, the stronger the leverage.
Step 3 -- Handling the Insurance Company
Once a lawyer is on the record, the insurance company communicates with the attorney, not with you. This protects you from making statements that adjusters can use to minimize your claim, and from accepting early offers that undervalue your case.
Your attorney will notify all relevant insurers, interpret your policy coverage, prepare a formal demand package summarizing liability and the full scope of damages, and negotiate against initial offers.
In New York car accident cases, this also means coordinating Personal Injury Protection (PIP) benefits under the state's no-fault system, which covers up to $50,000 in medical expenses and 80% of lost wages (capped at $2,000 per month), while simultaneously building the pain and suffering claim for injuries that meet the serious injury threshold under New York Insurance Law § 5102(d).
Step 4 -- Calculating What You Are Actually Owed
A personal injury lawyer does not just add up your existing medical bills. They project the full economic and non-economic impact of the injury forward.
| Category | What It Covers |
| Medical expenses | Past bills and future treatment costs |
| Lost wages | Income already missed |
| Reduced earning capacity | Long-term impact on ability to work |
| Out-of-pocket costs | Transportation, equipment, home modifications |
| Pain and suffering | Physical pain, emotional distress, loss of enjoyment of life |
Non-economic damages are often the largest part of a personal injury recovery and the hardest to document without legal help.
Step 5 -- Settlement Negotiation or Filing Suit
Most personal injury cases settle before trial. Your attorney uses the evidence gathered to push toward a fair resolution through direct negotiation, settlement conferences, or mediation.
If the insurer's offer does not reflect the actual value of the case, the attorney files a lawsuit. After filing, the case enters discovery, the formal exchange of evidence between parties. This includes written interrogatories, document requests, and depositions, sworn testimony taken from witnesses, experts, and the defendant.
Throughout this phase, the attorney keeps you informed and advises you honestly on whether any settlement offer is reasonable given the risks and costs of going to trial. The decision to accept or reject any offer is always yours.
Step 6 -- Trial
If settlement cannot be reached, the case goes before a judge or jury. The attorney handles every aspect of trial including jury selection, opening and closing statements, witness examination, expert testimony, and legal arguments on liability and damages.
In New York, the attorney will also address the state's pure comparative negligence rule under CPLR § 1411, which allows you to recover even if you were partially at fault, with your award reduced proportionally by your share of responsibility.
Step 7 -- Resolution and Final Payout
Reaching a settlement or winning at trial is not the final step. The attorney then resolves any liens on the recovery. If your health insurer, Medicare, Medicaid, or a workers' compensation carrier paid for treatment related to the injury, they typically have a right to reimbursement out of the settlement. Negotiating those liens down is a meaningful part of maximizing what you actually take home.
What Is the Difference Between Settling and Going to Trial?
Both are legitimate outcomes. The right path depends on the specific case.
| Settlement | Trial |
| Faster resolution | Longer process |
| Certain outcome | Unpredictable jury |
| Lower potential ceiling | Potential for higher award |
| No appeal risk | Verdict can be appealed |
| Less stress | More demanding on the client |
A good attorney gives you an honest assessment of both options, the likely range of outcomes and the real risks of each, and lets you make the decision. The credible threat of trial is also part of what drives reasonable settlement offers. Insurers negotiate differently with firms that actually go to court.deliberately and without creating gaps in representation.
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Summing It Up
When you contact the Porter Law Group, the first thing we do is evaluate your case for free. We figure out what happened, who is responsible, and what deadlines apply to your situation before anything else.
From there, we take over communications with the insurance company. Once we are retained, insurers deal with us, not you.
We build the demand, push back on lowball offers, and negotiate based on the full value of what you lost, including future medical costs, lost earning capacity, and pain and suffering, not just the bills you have right now.
If a fair settlement is on the table, we take it. If it is not, we go to court. Either way, we handle the evidence, the experts, the filings, and the process from start to finish. When the case resolves, we make sure the number you walk away with is as high as possible by resolving any liens on your recovery before the funds are distributed.
No upfront fees. No hourly billing. If we do not win, you owe us nothing.
