What a Personal Injury Attorney Does - Updated Guide

Personal injury attorneys pursue compensation for physical and recognized psychological injuries caused by others' actions or failures. Claims include vehicle collisions, premises and product liability, medical malpractice, and wrongful death. Recovery depends on proving negligence, causation, and damages, and may be affected by comparative-fault rules and workers' compensation limits. Timely action and evidence preservation matter; many attorneys take cases on contingency.

What is a personal injury attorney?

A personal injury attorney handles civil claims that seek money damages after someone is harmed because of another party's actions or failures. These lawyers manage cases that arise from car crashes, slip-and-fall incidents, defective products, and other situations where negligence, intentional harm, or strict liability apply.

Common types of claims

• Motor vehicle collisions

• Premises liability (falls and unsafe property conditions)

• Product liability (defective or dangerous products)

• Medical malpractice

• Wrongful death and loss-of-consortium claims

• Injuries caused by third parties at work (distinct from workers' compensation)

Physical and psychological injuries

Personal injury covers physical harm and recognized psychological harms such as severe emotional distress or trauma tied to an injury or traumatic event. Some jurisdictions require stronger proof that emotional injuries relate to physical harm or to a qualifying event - rules vary by state and claim type.

Fault, negligence, and comparative rules

Most personal injury claims rest on negligence: showing a duty of care, a breach, causation, and damages. Many states apply comparative negligence rules (reducing recovery in proportion to the plaintiff's fault) or, less commonly, contributory negligence rules (which can bar recovery if the plaintiff was even slightly at fault). Specific doctrines and thresholds differ by state. ¹

Damages you can seek

Recoverable damages commonly include economic losses (medical bills, lost wages) and non-economic losses (pain and suffering, emotional distress). In some cases, courts award punitive damages to punish extreme misconduct. The availability and limits on damages vary by jurisdiction and case type.

Workplace injuries and product cases

Workplace injuries often proceed through workers' compensation systems, which provide benefits but can limit the right to sue an employer directly; exceptions exist for third-party claims or employer misconduct. Product liability claims proceed against manufacturers, distributors, or retailers depending on the facts. Laws and remedies differ by state. ²

Timing, evidence, and calling an attorney

Statutes of limitation determine how long you have to file a claim; these deadlines typically range by claim type and state, so contact an attorney promptly to protect your rights. ³

Collect evidence right away: photos, medical records, accident reports, and witness contacts. Note all expenses and time missed from work.

How attorneys are paid and what to expect

Many personal injury attorneys work on a contingency-fee basis, meaning they receive a percentage of any recovery rather than billing hourly. They will evaluate liability, damages, and likely costs before taking a case. If you have a potential claim, a qualified attorney can advise on strategy, deadlines, and whether to pursue settlement or litigation.

1. Confirm state-by-state variations for statutes of limitation for personal injury and wrongful death claims.
2. Confirm specific state rules that require physical injury to recover for emotional distress.
3. Confirm how comparative negligence, contributory negligence, and modified comparative negligence apply across jurisdictions.
4. Confirm workers' compensation exclusivity rules and common exceptions (third-party claims, employer misconduct) for the relevant jurisdictions.