Personal Injury FAQs

What things will a personal injury attorney do in a personal injury case?

The attorney will meet with the victim in their initial appointment. He or she will take down all of the information and details of the accident that caused the injury and will then investigate the details in order to determine if there is a case to pursue.

Some of the evidence a personal injury attorney will use to make that determination include:

  • Police reports
  • Review of all medical documentation regarding the victim’s injuries
  • Review of witness statements
  • Review of any and all laws that may apply to the incident

In some cases, the attorney may also do a visit to the scene of the accident or injury.

How is a personal injury attorney paid?

In the majority of personal injury cases, the injury attorney will work out a contingency fee agreement with the victim. A contingency fee is when the attorney keeps an agreed upon percentage of any settlement or award the victim ends up receiving. A written contract is drawn up which clearly specifies that this percentage is and how it is paid. When payment is by contingency fee, then the attorney does not get paid if the victim does not receive any financial compensation.

Is it up to the victim to convince the insurance company that they are really injured?

No, it is up to the victim to focus on their recovery. It is up to the personal injury attorney Bristol, TN residents hire who will present the proof that the victim is injured and have suffered losses. This includes medical reports, medical expenses, documented wage loss, and other documentation that shows the victim’s losses.

When will the insurance company offer the victim a settlement?

There is no way to predict when – or even if – the insurance company will offer the victim a settlement. In some cases, the parties may reach a settlement fairly quickly, while other cases will drag on for years before they settle or end up going to trial because an agreement is never reached.

How is the worth of a personal injury lawsuit determined?

It can be difficult to answer this question, particularly in the beginning stages of the case when the full extent of the victim’s injury may be unknown. It is also difficult to determine what the full value of all of the losses are. Some of the factors that are included in the calculation include:

  • The full amount of all of the victim’s medical expenses
  • The full amount the victim has lost in income and employment benefits from being unable to work as they recover from their injury
  • Whether the injury has caused any permanent damage or disability, including disfigurement or scarring

Once a settlement is reached, how long does it take for the victim to receive their money?

In most cases, once the parties have come to a settlement agreement amount, the settlement process will typically take two to six weeks to complete. There are documents that the victim is required to sign, including a release that states the victim is giving up their right to sue the party. The personal injury attorney will pay all of the medical bills which have yet to be paid. The attorney will also deduct their agreed-upon fees, out-of-pocket expenses, and any other expenses that are associated with the case. After all of these deductions have been made, the victim will receive the balance.


Thank you to our contributors at the law office of Mark T. Hurt for the insightful information above.