What does a personal injury lawyer do? A step-by-step look
What does a personal injury lawyer do? Follow a Florida injury case from the first call to the final check, and see what your lawyer handles at each stage.
By Simon NicholsonFounding attorney, Sunshine State Law Firm
Hurt because someone wasn’t careful? Talk to an attorney for free. No fee unless we recover.
A personal injury lawyer represents people hurt by someone else's carelessness. They investigate what happened, gather your medical and financial records, deal with the insurance companies, calculate what your claim is worth, negotiate a settlement and, if the insurer won't be fair, file a lawsuit and take your case to court. You focus on healing.
Most of that work happens far from a courtroom. Below, we walk through a typical Florida injury case one stage at a time, so you know what your lawyer is doing and when.
What is a personal injury lawyer?
A personal injury lawyer is an attorney who handles claims for people who were physically hurt because someone else was negligent, meaning they didn't take the care a reasonable person would. That might be a driver who ran a red light, a store that ignored a spill, or a property owner who left a pool gate broken.
Common personal injury cases include:
- Car, motorcycle and truck crashes
- Rideshare accidents involving Uber or Lyft
- Pedestrian and bicycle accidents
- Slip and fall injuries and other unsafe property
- Drowning and pool injuries
- Dog bites
- Wrongful death, when a family loses someone because of another's negligence
Personal injury lawyers usually represent the injured person, not the insurance company. In Florida, most work on a contingency fee, which means you pay nothing up front and no fee unless they recover money for you.
What a personal injury lawyer does at each stage
1. The free case review
It starts with a conversation. The lawyer asks what happened, how you were hurt, what treatment you've had and what insurance is involved. They'll tell you honestly whether you have a claim, what the deadlines are and how the fee works. If they take your case, you'll sign a written fee agreement.
2. Taking over communication
Once you hire a lawyer, they notify the insurance companies. From then on, adjusters call your lawyer instead of you. That protects you from recorded statements and casual comments that can be used to reduce your claim. Your lawyer also handles your own insurer, including your personal injury protection (PIP) claim after a car crash. PIP is the part of your car insurance that pays your first medical bills.
3. Investigating what happened
To prove someone else was at fault, your lawyer gathers evidence, often before it disappears:
- Police and incident reports
- Photos and video, including store or traffic cameras
- Witness names and statements
- Vehicle damage and repair records
- Property maintenance logs or inspection records
When the facts are disputed, they may bring in an accident reconstruction professional or other consultants.
4. Documenting your injuries and losses
While you treat, your lawyer tracks every bill and record. They help you avoid gaps in care, which insurers often use to argue you weren't really hurt. They also collect proof of lost wages from your employer and, for serious injuries, opinions from doctors about future care and limits on your ability to work.
5. Valuing your claim
Your lawyer adds up both kinds of damages. Economic damages are losses with a receipt: medical bills, future treatment, lost pay and property damage. Non-economic damages cover what doesn't come with a bill, like pain, lost sleep and the activities you can't enjoy anymore. Florida's comparative negligence rule matters here too. If you share some blame, your recovery is reduced, and if you're found more than 50% at fault, you generally can't recover from the other side.
6. Sending a demand and negotiating
When your treatment is complete or your doctors can predict what's ahead, your lawyer sends the insurer a demand package: the facts, the evidence, your records and the amount you're asking for. The adjuster responds, usually with a lower offer, and negotiation begins. Your lawyer explains every offer to you. The decision to accept is always yours.
7. Filing a lawsuit if needed
If the insurer won't make a fair offer, your lawyer can file a lawsuit. Filing doesn't mean you're headed straight to trial. It opens discovery, the stage where both sides exchange documents, answer written questions and take depositions, which are sworn interviews recorded by a court reporter. Your lawyer prepares you for yours. Most Florida courts also send cases to mediation, a structured settlement meeting with a neutral mediator, before trial.
8. Trial
Few injury cases reach a jury, but some do. At trial, your lawyer presents evidence, questions witnesses and argues your case. A lawyer who prepares every case as though it may go to trial tends to get better results at the negotiating table too.
9. Closing out your case
When your case settles or a verdict is paid, your lawyer still has work to do. Health insurers, Medicare, Medicaid and some hospitals may have a lien, a legal right to be repaid from your recovery. Your lawyer verifies those amounts and often negotiates them down. Florida Bar rules then require a written closing statement showing exactly where every dollar goes before you receive your share.
What your lawyer handles vs. what you do
| Task | Your lawyer and case team | You |
|---|---|---|
| Talking to insurance adjusters | Handles all calls and letters | Refer them to your lawyer |
| Evidence and records | Requests, organizes and preserves them | Share photos, bills and names you have |
| Medical treatment | Tracks records and bills | Go to appointments and follow your doctor's plan |
| Deadlines | Tracks the filing deadline and PIP rules | Call early so nothing is missed |
| Settlement decisions | Advises you on every offer | Make the final call |
| Updates | Keeps you informed at each stage | Tell your team about new treatment or changes |
How long does all of this take?
It depends on your injuries and how the insurer responds. A claim with clear fault and a full recovery might settle in a few months after treatment ends. A disputed or serious case that goes into litigation can take a year or more. Deadlines apply the whole time: for most Florida negligence cases, you generally have two years to file a lawsuit. Our guide on the deadline to file a personal injury case explains the exceptions.
Frequently asked questions
Do personal injury lawyers only handle car accidents?
No. Car crashes are the most common, but personal injury lawyers also handle slip and falls, unsafe property, dog bites, drowning and pool injuries, rideshare and truck crashes, and wrongful death. Some also handle related insurance disputes. Ask any lawyer you talk to how often they handle cases like yours.
Will I have to go to court?
Probably not. Most personal injury claims settle through negotiation or mediation. If your case is filed in court, you may need to give a deposition, and your lawyer will prepare you for it. You'd only testify at trial if the case doesn't settle first.
How much does a personal injury lawyer cost?
In Florida, most charge a contingency fee, a percentage of what's recovered, with no fee if there's no recovery. Florida Bar rules require a written agreement, limit the percentage and let you cancel within three business days of signing. Ask how case costs are handled, since they're separate from the fee.
A personal injury lawyer's job is to carry the weight of your claim so you don't have to: the calls, the evidence, the math and the fight with the insurer. If you're deciding who to trust with that, read how to choose a personal injury lawyer, meet Simon Nicholson, or see the injury cases we handle. The free case review costs nothing, and there's no fee unless we recover for you.
Written by
Simon Nicholson, founding attorney
Founded the firm after 15 years serving families in Guatemala and Mexico.
Read Simon’s bioThis article is general information about Florida law, not legal advice for your situation. Laws change, and every case is different. Reading it doesn’t create an attorney-client relationship.
