The moment someone signs with a personal injury lawyer, there’s often a sense of relief mixed with uncertainty. The legal side is now being handled, but what exactly does that mean? Most people have no idea what their lawyer actually does after those initial papers get signed. The process that unfolds involves investigation, negotiation, and strategic decisions that can take months or even years depending on the case.
The Initial Investigation and Case Building Phase
Right after signing the representation agreement, the attorney’s first job is gathering everything related to the accident and injuries. This means collecting police reports, medical records, witness statements, photos of the accident scene, and any other documentation that exists. It sounds simple, but tracking down all these materials from different sources takes time.
Medical records alone can be a challenge. Hospitals, specialists, physical therapists, and imaging centers all have their own records departments with their own timelines for fulfilling requests. Getting a complete medical file might take weeks or even months if treatment is ongoing at multiple facilities.
The personal injury lawyer also investigates liability—figuring out exactly who was at fault and why. This might involve visiting the accident scene, taking measurements, photographing conditions, and interviewing witnesses while memories are still fresh. In cases where fault isn’t obvious, attorneys sometimes hire accident reconstruction experts who analyze skid marks, vehicle damage, and road conditions to determine what happened.
During this phase, the attorney needs to understand the full extent of injuries, how they’re affecting daily life, whether the client can work, and what medical treatment is planned going forward. This information shapes how the case gets presented to the insurance company.
Dealing With Insurance Companies From the Start
Once the personal injury lawyer has been retained, all communication with the insurance company goes through them. This is actually one of the biggest immediate benefits—the client no longer has to deal with adjusters calling at inconvenient times asking leading questions designed to minimize the claim.
The attorney sends a letter of representation to all relevant insurance companies, which legally requires them to stop contacting the client directly. Any settlement offers, requests for information, or negotiations now happen attorney to adjuster.
At this stage, the attorney usually advises the client to continue medical treatment as recommended by doctors and to document everything. Treatment records form the foundation of the injury claim, so following through with physical therapy, follow-up appointments, and prescribed care is essential. Gaps in treatment give insurance companies ammunition to argue injuries weren’t that serious.
The Demand Letter and Initial Negotiations
Once medical treatment is complete—or at least stabilized to the point where doctors can assess permanent injuries and future needs—the personal injury lawyer prepares a demand letter. This document lays out the entire case: what happened, who was at fault, the extent of injuries, all medical treatment received, and the total compensation being demanded.
Demand letters are detailed. They include medical records, bills, wage loss documentation, photos of injuries, and expert opinions when relevant. The demand amount accounts for past and future medical costs, lost wages, pain and suffering, and any permanent disability or disfigurement.
After the demand letter goes out, there’s usually a waiting period while the insurance company reviews it. They might come back with questions, request additional documentation, or make a counter-offer. This is where negotiation begins, and it can go back and forth for weeks or months.
Insurance companies almost never accept initial demands. They’ll make a lowball offer—sometimes insultingly low—to test whether the attorney and client will accept it out of frustration or need for quick money. Those working with a Des Moines injury attorney who understands local insurance company practices benefit from someone familiar with how adjusters in the area typically negotiate and where the realistic settlement range lies for similar cases.
The negotiation dance continues with offers and counter-offers until either both sides reach an acceptable number or negotiations break down entirely. Many cases settle during this phase without ever filing a lawsuit, especially when liability is clear and injuries are well-documented.
When Filing a Lawsuit Becomes Necessary
If negotiations stall or the insurance company refuses to make a fair offer, the attorney files a lawsuit. This doesn’t mean the case is going to trial—most lawsuits still settle before reaching a courtroom. But filing suit changes the dynamic by adding pressure, deadlines, and costs that make insurance companies take cases more seriously.
After filing, the case enters the discovery phase. Both sides exchange information through interrogatories (written questions), requests for documents, and depositions where witnesses and parties give sworn testimony. Discovery can take months and involves significant attorney time reviewing documents, preparing for depositions, and responding to the other side’s requests.
The injured person will likely be deposed—questioned by the defense attorney about the accident, injuries, medical treatment, and how injuries have affected their life. The personal injury lawyer prepares their client extensively for this, going over likely questions and how to answer them clearly and honestly without giving the defense ammunition.
The Pre-Trial and Settlement Process
Before trial, cases often go through mediation—a process where both sides meet with a neutral mediator who tries to facilitate a settlement. Many courts require mediation before allowing cases to proceed to trial.
Mediation gives both sides a reality check. The mediator, usually an experienced attorney or former judge, evaluates the case strengths and weaknesses and pushes both sides toward a middle ground. Success rates for mediation are high because both parties realize that trial outcomes are unpredictable and expensive.
If mediation fails, the case moves toward trial. The personal injury lawyer prepares by organizing exhibits, preparing witness lists, drafting motions, and developing trial strategy. Very few personal injury cases actually go to trial—maybe 5% or less. But when they do, the attorney presents the case to a jury through opening statements, examining witnesses, introducing evidence, and delivering closing arguments.
Jury verdicts are unpredictable. Sometimes they award more than the attorney asked for. Sometimes they award less than the last settlement offer. This uncertainty is exactly why most cases settle—both sides prefer to control the outcome rather than gamble on what a jury might do.
The Settlement and Resolution
When a case finally settles, the attorney handles the paperwork. Settlement agreements get drafted, signed, and filed with the court if a lawsuit was pending. The insurance company issues a settlement check to the attorney’s trust account.
The personal injury lawyer then deducts their contingency fee (typically 33-40% depending on whether the case settled before or after filing suit), reimburses any case costs they advanced (filing fees, expert witnesses, medical records), and pays any outstanding medical liens from the settlement. The client receives the remaining balance.
This final accounting sometimes surprises clients who didn’t fully understand how contingency fees and case costs work. Good attorneys explain this structure upfront so there are no surprises when settlement funds are distributed.
Why the Process Takes Time
Personal injury cases take time because building a strong case requires it. Rushing to settle before understanding the full extent of injuries almost always results in leaving money on the table. Medical treatment needs to reach a point where future prognosis is clear. Evidence needs to be gathered and organized. Negotiations need to play out.
Throughout all of this, good attorneys keep clients informed about case progress. This doesn’t mean daily updates—most of the work happens in the background—but clients should receive regular communication about significant developments, settlement offers, court dates, and strategic decisions.
The personal injury lawyer job throughout this process is protecting the client’s interests, maximizing recovery, and making strategic decisions about when to negotiate, when to file suit, and when to take a case to trial. It’s not a fast process, but it’s designed to get clients the compensation they deserve rather than whatever quick settlement the insurance company wants to pay.
