What Does a Personal Injury Attorney Do?
Many people have a general sense of what personal injury attorneys do, but they don’t always know what the work actually looks like once a case begins. If you’re dealing with an injury, the real concern is whether someone can step in, take over the process, and get the outcome you couldn’t secure on your own. The attorney’s role spans everything from initial evaluation to final resolution—each part shaping whether the case succeeds or fails.
Assessing Whether a Claim Can Move Forward
The process usually starts with a detailed intake call or meeting, where the attorney gathers facts, asks follow-up questions, and starts forming a strategy based on what’s known and what still needs to be confirmed.
One of the first things a personal injury attorney does is evaluate whether the case has a clear path forward. That includes confirming there’s a legal basis for the claim, identifying who might be held responsible, and determining whether there’s insurance coverage or a financially viable defendant. Without those elements, there may be no meaningful recovery—regardless of how serious the injury is.
Here’s what gets evaluated early:
- Whether liability is clear—and whether it can be backed up with records or witness statements
- How well the injury is documented through medical treatment, diagnostics, or photographs
- Whether there’s an active insurance policy or other source of recovery
- Any preexisting conditions or factors that could give the insurer room to dispute the claim
Attorneys also consider whether the client is prepared to stay engaged through the process. That includes attending medical appointments, responding to requests, and providing records. If those pieces aren’t in place, even a strong claim may be difficult to move forward.
Reviewing the Facts and Documenting the Impact
Once a case is accepted, the next priority is collecting records and information. Most of what an attorney uses to prove a claim doesn’t come from the client—it comes from hospitals, police departments, employers, or third-party witnesses.
Sources can include:
- Emergency room records and discharge notes
- Diagnostic imaging (MRI, CT scans, X-rays)
- Wage verification from employers
- Police or incident reports
- Photos or video from the scene
The attorney’s team compares all of it to the client’s own account of what happened. If something doesn’t match, they resolve it early—before it becomes a problem during negotiations or litigation.
In more complex cases, attorneys may bring in medical or vocational experts early to clarify long-term effects, anticipated costs, or the extent of disability.
Handling Communication With the Insurance Company
Once the claim is documented and ready, the attorney steps in as the point of contact with the insurance company. Every communication is deliberate. A single misstatement or missing record can shift the entire value of the claim. The attorney controls how the case is framed, what gets shared, and when negotiations begin—because once something is said, it can’t be taken back.
To keep the claim on solid ground, attorneys:
- Submit the demand package only after confirming the record is complete
- Decline recorded statements that can be taken out of context
- Anticipate how the insurer will push back and prepare a response in advance
Early communication shapes how the claim is valued. When it’s handled strategically, the attorney keeps the insurer from boxing it in before negotiations even begin.
Calculating Damages That Go Beyond the Obvious
One of the most valuable things a personal injury attorney does is calculate the full impact of an injury—beyond just the immediate bills.
It’s common for injured clients to focus only on what’s already happened: the hospital visit, the lost paycheck, the out-of-pocket expenses. Attorneys go further. They factor in:
- Ongoing medical treatment and rehab
- Reduced future earning ability
- Disruption to daily life and long-term activity restrictions
- The psychological toll of pain, trauma, or disability
For example, a back injury from a fall might not require surgery, but if it prevents a warehouse worker from returning to their full job duties, that loss has to be documented and built into the demand.
Experienced lawyers also work with medical professionals to get written opinions, cost projections, and charts that support the long-term nature of the injury. Without that layer of documentation, insurers may claim the client “should have recovered by now” and offer a fraction of what’s deserved.
Attorneys also identify any outside claims to the settlement—like reimbursement demands from Medicare, Medicaid, or a health insurer—so the client has a clear picture of what they’ll actually receive once the case is resolved.
Negotiating for a Settlement That Reflects the Full Cost
Once the damages are calculated and presented, the next phase is negotiation. At this stage, the attorney deals directly with the insurance company’s adjuster or legal team.
Settlements rarely happen in a single round. Insurers usually begin with low offers, hoping the injured person is desperate or uninformed. A qualified attorney knows what the claim is worth and stays focused on results, not pressure from low offers or delay tactics.
During negotiations, attorneys:
- Reject lowball offers and explain the weaknesses in the insurer’s position
- Clarify the full value of non-economic damages (pain and suffering, disruption, limitations)
- Provide supplemental records when needed to support contested issues
- Set clear deadlines for response and escalation if needed
If the case involves multiple parties, such as a rideshare accident, or a crash with both a driver and a commercial employer, attorneys coordinate how and when each party is addressed.
Negotiations may lead to a fair resolution. If not, attorneys shift to the next step.
Filing a Lawsuit When Negotiation Isn’t Enough
If an insurance company refuses to make a reasonable offer, the attorney may recommend taking the case to court. That shift changes how the claim is handled. Deadlines, formal procedures, and court oversight begin as soon as the complaint is filed.
Filing a lawsuit doesn’t always mean a trial will happen. In fact, many lawsuits still settle, but they do so under court supervision, with stronger leverage in place.
Here’s what begins once a case is filed:
- The attorney drafts a formal complaint and files it with the appropriate court
- The defendant is served and has to respond within a set timeframe
- Discovery begins and allows both sides to request documents and conduct depositions
- Pre-trial motions determine which evidence will be allowed or excluded
At this point, the attorney’s role becomes highly technical—meeting court deadlines, following procedural rules, and keeping the case on track. A missed deadline or flawed filing can derail the claim entirely.
Preparing for Trial and Managing Discovery
If the case continues toward trial, the attorney begins preparing witnesses, gathering exhibits, and handling depositions. The process is time-intensive and highly structured.
Attorneys may:
- Conduct depositions of medical experts, witnesses, or the defendant
- Respond to interrogatories and document production requests
- Argue motions about what evidence can be introduced
- Prepare clients for their testimony, including cross-examination
- Work with accident reconstructionists or economists if needed
Many clients never see most of this work. But it’s during this phase that the foundation is laid for either trial or settlement. The stronger the preparation, the more likely the opposing side is to settle rather than risk losing in court.
Advising Clients on Risks, Options, and Next Steps
Throughout the case, one of the attorney’s most important jobs is communication. That doesn’t just mean giving updates, it means helping the client make informed choices as new developments arise.
Should you accept the offer or wait? Should you settle before trial or push forward? Will a lien eat up most of your settlement?
Attorneys help clients:
- Weigh the risks and benefits of each path forward
- Understand how much they’ll actually receive after legal fees and medical liens
- Make decisions that align with both their legal and personal goals
An honest attorney doesn’t just say what the client wants to hear. They explain the full picture—even when it’s complicated.
Finalizing the Case and Resolving Outstanding Issues
When a case ends, there’s still work to do. The attorney makes sure that funds are disbursed properly, liens are paid or negotiated down, and the client walks away with clarity about the outcome.
Tasks in this phase may include:
- Disbursing the client’s portion of the settlement
- Paying court costs and legal expenses
- Negotiating medical or workers’ comp liens to maximize the client’s recovery
- Closing out communications with providers or insurers
Follow-through in this phase is one of the clearest differences between firms that take care of their clients and those that treat cases like transactions. The relationship doesn’t end when the check arrives—it ends when everything is done right.
When an Attorney Can Change the Outcome
Some claims settle without pushback. Others don’t. When fault is disputed, medical treatment is still ongoing, or the insurer starts offering numbers that don’t match the loss, a lawyer does more than organize the paperwork—they shift the balance of power.
Legal representation is especially important when:
- treatment is expected to continue for months or longer
- the insurance company has delayed, denied, or minimized the claim
- liability is being disputed or shifted unfairly
- the injury affects work, mobility, or long-term stability
When the facts are contested or the loss is substantial, a personal injury attorney builds the case, challenges what needs to be challenged, and drives it to resolution and a payout that fully reflects the losses experienced. That’s what they do—and why it matters.
If the insurance company is stalling, shifting blame, or offering less than what your case is worth, contact Loewy Law Firm at (512) 280-0800 or by sending us an email. Our Austin personal injury attorneys build serious cases for serious injuries—and we don’t back down when the stakes are high.
The content on this website is for general informational purposes and should not be considered legal advice. Laws change, and case outcomes depend on specific facts. Viewing this material does not establish an attorney-client relationship. For legal guidance on your specific situation, consult a qualified attorney.