What Does an Attorney Do in a Personal Injury Case?

what does an attorney do

If you suffered an injury caused by someone else, chances are you’re wondering what you need to do. In many cases, a personal injury attorney can help make the process of recovery and collecting compensation much smoother. You might be asking, “What does an attorney do?” and that is understandable. So let Mike Brandner Injury Attorneys break down the basics for you.

An Overview of Tort Law

Personal injury lawyers usually deal with something called tort law. Tort law is the area of civil law that protects people from injuries from others. There are many different types of torts, and they are as follows:

  • Negligence—This means that the careless act of another caused injury to you. Examples of negligence include car accidents, medical malpractice, slip and fall, and construction accidents. The different types of negligence include gross negligence, comparative negligence, contributory negligence, and vicarious liability. Determining the type of negligence is important to win your case
  • Defective Products—Companies are responsible for designing products that are safe and that will not harm their customers. Therefore, if you are the victim of an injury from a defective product, the company may be liable for the damages. In addition, if the product is indeed defective, you probably aren’t the only one injured by it. Gathering testimony from other users of a defective product is one strategy to bolster your case.
  • Intentional—Intentional torts include actions that were meant to cause you injury, such as assault or battery. These instances are often easier to prove, especially with video or photographic evidence. Intentional torts mean that the act of injury was not negligent – it was aimed directly at you.
  • Property—Property tort involves the interference of one person’s enjoyment of property by another. Property tort includes trespassing on private land, handing out possessions without the owner’s permission, and seizing property with no intent of returning it.
  • Dignitary—Dignitary torts damage a person’s reputation, or as the name suggests, their dignity. Dignitary torts include invasion of privacy, malicious prosecution, defamation, intentional emotional distress, and false imprisonment.

Why Should I Hire an Attorney?

Many people are skeptical when it comes to hiring attorneys to help them win their cases. Some people think, “Can’t I just do this myself?” While in some situations that may be the case, a personal injury attorney can help with much of the legal process that may be difficult for an inexperienced person. Here is a brief description of what attorneys can do to help your injury case:

Investigate and Gather Evidence

Many people don’t know that personal injury attorneys can in fact investigate and gather evidence to help establish burden of proof. Personal injury lawyers will seek out police reports, medical records/reports from doctors, and other documents that help support the plaintiff’s claim of injury. The personal injury attorney may also instruct a team of professionals to go to the scene and photograph the incident.

When the cause of the incident is unclear (e.g. if there are multiple parties involved in a car crash), the personal injury attorney has connections to trained professionals who can figure out what exactly happened. The personal injury attorney may also request security footage, documents of employment, bills, reports of property damage, and many other documents to demonstrate that the defendant was liable for the plaintiff’s injury.


Negotiating is a critical part of the legal process. Chances are, the personal injury attorney can negotiate a deal with the defendant’s insurance company to get the plaintiff the best deal. When it comes down to it, personal injury lawyers are professionals in determining what constitutes a fair claim. Sometimes, insurance companies will offer the plaintiff a settlement soon after the injury.

This is often a low-balling effort to save money on behalf of the defendant, and they hope the plaintiff accepts. A personal injury lawyer can help determine if the offer is fair, or if more compensation could be negotiated. In addition, personal injury lawyers negotiate with lien holders and with defense attorneys to get the plaintiff the best deal.


Chances are, you would want the mountains of paperwork that needs to be circulated done by a personal injury attorney. They are experienced at knowing what documents to complete, whom to send them to, and what to do in the meantime. For example, personal injury lawyers often send demand letters to the defendant’s insurance company.

Such demand letters detail what happened, the extent of the damages, and what the defendant should do for compensation.

Usually, the defendant has 30 days to respond to such a demand letter. Also, personal injury attorneys request records such as medical documents and police reports. When requesting such documents, you must follow the respective procedures.

A novice requesting such documents may not get through the red tape put up by entities such as hospitals or police stations. Personal injury lawyers know the protocol to get the complete compendium of records for your case. Doing all this on your own can be a monumental challenge, so if you suffer from an injury, contact us at Mike Brandner Injury Attorneys!

Objectivity and Experience

It is difficult to remain level-headed after suffering a personal injury. Many people want a quick settlement, and some make rash decisions in the heat of the moment. A personal injury attorney helps you stay calm and focused while figuring out the best course of action.

A personal injury lawyer also has experience dealing with medical professionals, other lawyers, insurance companies, and other connections that, to a novice, are hard to come by and valuable for winning their case.

In addition, most personal injury attorneys don’t collect fees unless they win your case, so it’s in the attorney’s best interest to scout out cases they know are winnable. If you suffer from an injury, contact us at Mike Brandner Injury Attorneys!

Represent You at Trial

The majority of personal injury cases end in a settlement before a trial even begins. However, if a defendant’s insurance company denies the plaintiff’s claim, the matter will usually go to a trial. When this happens, the personal injury lawyer will represent you in court.

The personal injury lawyer will also organize all your medical records and bills, photographic evidence, any security footage, testimony of medical professionals, and other documents. Once this is done, they present the evidence at court during the trial.

The best personal injury attorneys are ones that are not only knowledgeable but also persuasive. Chances are, if the matter has gone to trial, it will be more difficult to get a better deal. However, the persuasiveness of a personal injury attorney can help with collecting the maximum amount of compensation. They know what your case is worth, and they will work tirelessly in pursuit of that goal.

Still Wondering “What Does an Attorney Do? ” Call Us!

Do you still have questions? Do you have an injury that was someone else’s fault? Call Mike Brandner 24/7 Injury Attorneys! Our phone number is 504-345-1111 or you can visit us online and check out our LiveChat feature. Consultations are free. We do not take fees unless we win your case, so don’t wait! Call us today!

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.