Guide · Updated
What a personal injury lawyer does, step by step
Every case is different, but most follow the same rough path. Knowing the steps helps you ask good questions and know what’s coming next.
Before you hire
Step 1: The first meeting and the fee agreement
You tell the lawyer what happened and show any papers you have. The lawyer asks questions and tells you whether they can take the case.
If you both agree to go ahead, you sign a fee agreement. Under the ABA’s model rules, a contingency fee agreement (where the fee depends on whether you get money) must be in writing and signed by you. Texas law requires the same89. How contingency fees work.
First weeks
Step 2: Looking into what happened
The lawyer’s team gathers facts about the accident. This can include:
- The police or crash report.
- Photos, videos and witness names.
- Insurance details for everyone involved.
- In some cases, reports from experts, such as someone who rebuilds how a crash happened.
While you get care
Step 3: Gathering medical records and bills
Your records show what your injuries are and what your care has cost. You have a right to get copies yourself2. Lawyers usually ask you to sign a form that lets them request the records for you. Under federal rules, that form must describe the records and say when it ends. It must also say you can cancel it in writing3.
Keep going to your appointments and keep your own copies of bills and receipts. Your job during this time is mostly to get better.
From the start
Step 4: Dealing with the insurance companies
If an adjuster calls you anyway, you can give them your lawyer’s name and number. Talking to the other driver’s insurance company.
Often after treatment ends
Step 5: The demand
When your injuries are better understood, the lawyer often sends the insurance company a written demand (a letter asking for payment).
Weeks or months
Step 6: Talks with the insurance company, and your decision
The insurance company may agree, say no, or make a lower offer. The lawyer goes back and forth with them. The Texas rule says this too10.
Before the deadline
Step 7: Filing a lawsuit, if needed
If talks don’t work, the lawyer may file a lawsuit. It must be filed before your state’s deadline. In Texas, for example, most injury suits must be brought within two years6. Find your state’s deadline.
A lawsuit doesn’t always mean a trial. The two sides can still settle at any point. Before a trial, each side usually asks the other for papers and answers to questions, and may take sworn interviews called depositions. Each state sets its own rules for this. In New York, for example, the rule is full disclosure of everything “material and necessary” to the case13. Some courts ask the two sides to try mediation, a meeting with a neutral person who helps them look for a deal. In Texas, for example, a court may send a pending case to mediation or another way of settling it, on its own or when one side asks14.
Last step
Step 8: When the case ends: paying out
Settlement money is usually paid into the lawyer’s trust account (a separate bank account for clients’ money) first, then paid out. Some of it may go to repay others who paid for your care. For example, if Medicare paid some of your bills, the person or party who receives the payment must repay Medicare within 60 days7.
In Texas, the lawyer must give you this statement9. Ask questions about any line you don’t understand.
When you’re ready
Step 9: If you’re thinking about hiring a lawyer
You don’t have to hire one. If you want to, see how to choose a personal injury lawyer for questions to ask at the first meeting.
When you’re ready
Find an injury lawyer, on your terms
Search by city and type of case. Every firm’s facts show where they came from and when. We don’t rank firms. Listing is free and doesn’t depend on buying anything.
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Where the legal facts on this page come from
- ABA Model Rule of Professional Conduct 1.5 (fees)Read the source: ABA Model Rule of Professional Conduct 1.5 (fees)
- 45 C.F.R. § 164.524 (access of individuals to protected health information)“(a)(1) … an individual has a right of access to inspect and obtain a copy of protected health information about the individual in a designated record set … (b) … (1) … The covered entity may require individuals to make requests for access in writing, provided that it informs individuals of such a requirement. (2) Timely action by the covered entity. (i) Except as provided in paragraph (b)(2)(ii) of this section, the covered entity must act on a request for access no later than 30 days after receipt of the request … (ii) If the covered entity is unable to take an action … within the time required … the covered entity may extend the time for such actions by no more than 30 days, provided that: (A) The covered entity, within the time limit set by paragraph (b)(2)(i) of this section, as applicable, provides the individual with a written statement of the reasons for the delay and the date by which the covered entity will complete its action on the request; and (B) The covered entity may have only one such extension of time for action on a request for access. (c) … (2) … (ii) … if the protected health information that is the subject of a request for access is maintained in one or more designated record sets electronically and if the individual requests an electronic copy of such information, the covered entity must provide the individual with access to the protected health information in the electronic form and format requested by the individual, if it is readily producible in such form and format; or, if not, in a readable electronic form and format as agreed to by the covered entity and the individual. (3) … (ii) If an individual's request for access directs the covered entity to transmit the copy of protected health information directly to another person designated by the individual, the covered entity must provide the copy to the person designated by the individual. The individual's request must be in writing, signed by the individual, and clearly identify the designated person and where to send the copy of protected health information. (4) Fees. If the individual requests a copy of the protected health information or agrees to a summary or explanation of such information, the covered entity may impose a reasonable, cost-based fee, provided that the fee includes only the cost of: (i) Labor for copying … (ii) Supplies for creating the paper copy or electronic media if the individual requests that the electronic copy be provided on portable media; (iii) Postage … and (iv) Preparing an explanation or summary … (d) … (1) Making other information accessible. The covered entity must, to the extent possible, give the individual access to any other protected health information requested, after excluding the protected health information as to which the covered entity has a ground to deny access. (2) Denial. The covered entity must provide a timely, written denial to the individual … The denial must be in plain language and contain: (i) The basis for the denial; … (iii) A description of how the individual may complain to the covered entity … or to the Secretary pursuant to the procedures in § 160.306.”Read the source: 45 C.F.R. § 164.524 (access of individuals to protected health information)
- 45 C.F.R. § 164.508 (uses and disclosures for which an authorization is required)“(c) … (1) Core elements. A valid authorization under this section must contain at least the following elements: (i) A description of the information to be used or disclosed that identifies the information in a specific and meaningful fashion. … (v) An expiration date or an expiration event … (2) Required statements. … (i) The individual's right to revoke the authorization in writing …”Read the source: 45 C.F.R. § 164.508 (uses and disclosures for which an authorization is required)
- ABA Model Rule of Professional Conduct 1.4 (communications)Read the source: ABA Model Rule of Professional Conduct 1.4 (communications)
- ABA Model Rule of Professional Conduct 1.2 (scope of representation and allocation of authority)Read the source: ABA Model Rule of Professional Conduct 1.2 (scope of representation and allocation of authority)
- Tex. Civ. Prac. & Rem. Code § 16.003“(a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues. (b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.”Read the source: Tex. Civ. Prac. & Rem. Code § 16.003
- 42 C.F.R. § 411.24 (recovery of conditional payments)“(g) Recovery from parties that receive primary payments. CMS has a right of action to recover its payments from any entity, including a beneficiary, provider, supplier, physician, attorney, State agency or private insurer that has received a primary payment. (h) Reimbursement to Medicare. If the beneficiary or other party receives a primary payment, the beneficiary or other party must reimburse Medicare within 60 days.”Read the source: 42 C.F.R. § 411.24 (recovery of conditional payments)
- Tex. Gov’t Code § 82.065 (contract for legal services)“(a) A contingent fee contract for legal services must be in writing and signed by the attorney and client. (b) Any contract for legal services is voidable by the client if it is procured as a result of conduct violating Section 38.12(a) or (b), Penal Code, or Rule 7.03 of the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas, regarding barratry by attorneys or other persons.”Read the source: Tex. Gov’t Code § 82.065 (contract for legal services)
- Tex. Disciplinary R. Prof’l Conduct 1.04 (fees)“(d) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (e) or other law. A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined. If there is to be a differentiation in the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, the percentage for each shall be stated. The agreement shall state the litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated. Upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement describing the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination.”Read the source: Tex. Disciplinary R. Prof’l Conduct 1.04 (fees)
- Tex. Disciplinary R. Prof’l Conduct 1.03 (communication)“(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. (b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.”Read the source: Tex. Disciplinary R. Prof’l Conduct 1.03 (communication)
- Tex. Disciplinary R. Prof’l Conduct 1.02 (scope and objectives of representation)“(a) Subject to paragraphs (b), (c), (d), (e), and (f), a lawyer shall abide by a clients decisions: (1) concerning the objectives and general methods of representation; (2) whether to accept an offer of settlement of a matter, except as otherwise authorized by law; …”Read the source: Tex. Disciplinary R. Prof’l Conduct 1.02 (scope and objectives of representation)
- Tex. Disciplinary R. Prof’l Conduct 1.15 (safekeeping property)“(a) A lawyer shall hold funds and other property belonging in whole or in part to clients or third persons that are in a lawyer’s possession in connection with a representation separate from the lawyer’s own property. Such funds shall be kept in a separate account, designated as a trust or escrow account, maintained in the state where the lawyers office is situated, or elsewhere with the consent of the client or third person. … (b) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property.”Read the source: Tex. Disciplinary R. Prof’l Conduct 1.15 (safekeeping property)
- N.Y. Civil Practice Law & Rules § 3101 (scope of disclosure)“(a) Generally. There shall be full disclosure of all matter material and necessary in the prosecution or defense of an action, regardless of the burden of proof, by: (1) a party, or the officer, director, member, agent or employee of a party; …”Read the source: N.Y. Civil Practice Law & Rules § 3101 (scope of disclosure)
- Tex. Civ. Prac. & Rem. Code § 154.021 (referral of pending disputes for alternative dispute resolution)“(a) A court may, on its own motion or the motion of a party, refer a pending dispute for resolution by an alternative dispute resolution procedure including: … (3) a nonjudicial and informally conducted forum for the voluntary settlement of citizens' disputes through the intervention of an impartial third party … (b) The court shall confer with the parties in the determination of the most appropriate alternative dispute resolution procedure. (c) Except as provided by agreement of the parties, a court may not order mediation in an action that is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16).”Read the source: Tex. Civ. Prac. & Rem. Code § 154.021 (referral of pending disputes for alternative dispute resolution)
This is general information, not legal advice.