You were hurt, the bills and calls have started, and someone has told you to get a lawyer. If you’re not sure what one would actually do for you, that’s normal. Here’s the plain answer: a personal injury lawyer takes on the legal and insurance work of your claim. The lawyer investigates and preserves evidence, deals with the insurance companies, puts a value on your losses and negotiates, files a lawsuit before the deadline if talks fail, and pays the case costs, the fee and any liens out of a settlement before paying you your share. Whether to settle stays your decision.
The hard part is rarely one big legal question. It’s the claims process: paperwork and deadlines on more than one track, evidence that can disappear, and an insurer on the other side that handles claims like yours every day. Here’s each step from your side of the table. Michigan’s rules are in the boxes marked “In Michigan.”
Hurt and not sure where you stand? Get a free case review. Four quick questions, no cost, no obligation.
What does a personal injury lawyer do?
Most of the work happens out of sight, so here’s the whole job at a glance. A case can settle at any step.
| Step | What the lawyer does | What you do |
|---|---|---|
| 1. Consultation and fee agreement | Hears what happened, checks deadlines and insurance, explains the fee | Bring what you have; read the agreement before you sign |
| 2. Investigation | Gathers records and evidence; asks others to keep theirs | Keep treating; keep every bill and letter |
| 3. Insurers and negotiation | Handles the adjusters, values your losses, sends a demand and negotiates | Decide on each offer |
| 4. A lawsuit, if needed | Files on time; handles discovery, case evaluation, mediation and trial | Answer questions under oath; attend when needed |
| 5. Settlement | Pays costs, the fee and liens, and gives you a closing statement | Check the statement against your agreement |
For how long each step can take, see how long a personal injury case takes.
Step 1: What happens at the free consultation?
Many lawyers offer a free or reduced-fee first consultation, so ask when you call whether there’s a charge (State Bar of Michigan). The lawyer asks what happened and looks at what you have, such as a crash report, bills and letters from insurers. They’re weighing whether someone else is legally responsible, what the injury has cost you, and whether there’s insurance to pay a claim, and they should check your deadlines. A good lawyer may tell you things you don’t want to hear, such as that you don’t have a case, the State Bar notes.
To prepare, see what to bring to your first meeting and the questions to ask an injury attorney. Turned down? See why a lawyer may reject a case.
How does the fee agreement work?
Injury lawyers often work on a contingency fee: a share of what’s recovered, and no fee if nothing is. Case costs, such as filing fees, records and experts, are separate; the lawyer may advance them and be repaid from the recovery. Under the American Bar Association’s model rule, the agreement must be in writing and signed by you, and must say whether costs come off before or after the fee is figured (ABA Model Rule 1.5(c)).
A made-up example: a case settles for $90,000, and the lawyer advanced $6,000 in costs. Repaying the costs first leaves $84,000. A one-third fee on that is $28,000, leaving you $56,000 before any liens. Taken from the full $90,000, the same one-third would be $30,000. How personal injury lawyers get paid has the rest of the math.
Step 2: How does a lawyer investigate and preserve evidence?
The lawyer typically gathers the police or incident report, photos, video, witnesses’ names, your medical records and bills (with your signed authorization), proof of lost pay, and every insurance policy that may pay, including your own, such as uninsured and underinsured motorist coverage. Video gets recorded over and cars get repaired, so a lawyer can send a preservation letter asking others to keep evidence, and hire experts if the case needs them. See how to preserve evidence after an accident.
Your part: keep treating, keep every bill and letter, and be truthful with your lawyer, especially about facts you think hurt your case, and say when something changes (State Bar of Michigan). See also mistakes that can shrink or sink an injury claim.
Step 3: How does a lawyer handle the insurers and negotiate?
Who deals with the insurance companies?
With a lawyer, calls from the other side’s insurer can go to the lawyer, who sends it the records it needs and handles its requests, such as for a recorded statement (how to talk to an insurance adjuster). Your own policy generally requires your cooperation, and your lawyer can help with that paperwork.
How does a lawyer put a value on your claim?
The lawyer adds up your economic losses, such as medical bills, lost pay and future care, and your noneconomic losses, such as pain and suffering, where the law allows them. Then come the factors that can shrink what you end up with: your share of the fault, the other side’s insurance limits, and who must be repaid from a settlement. See how insurance companies evaluate injury claims.
How do the demand and negotiation work?
The demand usually waits until your doctors can say how you’ll heal, because settling means signing a release: you give up your right to sue over the injury in exchange for the payment (Cornell Law School’s Legal Information Institute). The demand sets out what happened, your injuries, your records and bills, and the amount you’re asking for. Then the two sides trade offers.
Every offer is yours to accept or turn down. The American Bar Association’s model rule says a lawyer “shall abide by a client’s decision whether to settle a matter” (ABA Model Rule 1.2(a)). Michigan’s rules say the same, and require your lawyer to tell you promptly about every offer (MRPC 1.2(a), 1.4(a)). Ask for a written estimate of what you’d take home.
Talks don’t stop the clock. In Michigan, settlement talks aren’t among the events that pause the deadline to sue (MCL 600.5856), so a lawyer may file suit and keep negotiating.
Want to know where your claim stands? Get a free case review. Four quick questions, no cost, no obligation.
Step 4: What happens if you have to sue?
If talks stall or the deadline nears, the lawyer can file a lawsuit, with your agreement. Talks can continue: judges encourage the two sides to settle to avoid the expense and delay of a trial (U.S. Courts). See whether a personal injury lawsuit is worth it.
When does the lawsuit have to be filed?
Before the deadline, which depends on your state and your claim (personal injury deadlines in every state). The lawyer files a complaint describing your injuries and how the defendant caused them, and serves it on the defendant (U.S. Courts).
What is discovery?
Each side must give the other information about the case, such as witnesses’ names and documents, and witnesses, including you, can be questioned under oath in a deposition while a court reporter takes down every word (U.S. Courts). Your lawyer typically prepares you, attends with you, and questions the other side’s witnesses.
What are case evaluation and mediation?
Both can resolve a case before trial. A mediator helps the two sides look for an agreement but has no power to decide the case (in Michigan, MCR 2.411(A)(2)), so nothing is settled unless you agree.
What happens at trial?
A jury or a judge decides the case. Your lawyer helps choose the jury, presents your evidence and experts, cross-examines the other side’s witnesses and argues your case, and you’ll likely testify. You must show it’s more likely than not that the defendant is responsible for your harm (U.S. Courts). Few cases get that far.
Step 5: What happens when the case settles?
The decision to settle is yours (ABA Model Rule 1.2(a); MRPC 1.2(a)). Then you sign a release and the money is paid, often to your lawyer, who pays the case costs, the fee and any liens, and then your share. Under the ABA’s model rule, when a contingency-fee case ends, the lawyer must give you a written statement showing what you receive and how it was figured (ABA Model Rule 1.5(c)). Compare it with your fee agreement.
Who gets paid back from a settlement?
Liens, claims by others to be repaid from your settlement, such as a health plan that paid your bills, come out of your share. Your lawyer should identify them early, check each amount and, where possible, negotiate it down.
If Medicare paid bills another payer is responsible for, it can recover those payments from anyone who receives the settlement, including you and your lawyer, and must be repaid within 60 days of receiving the money (42 CFR 411.24(g), (h)). The case must be reported to Medicare’s Benefits Coordination & Recovery Center. Your lawyer can dispute unrelated charges and report the settlement with the fees and costs you paid, which generally reduce what Medicare takes (CMS; 42 CFR 411.37). See who gets paid from your settlement.
What can’t a personal injury lawyer do or promise?
The rules cited here are Michigan’s; each state has its own. A lawyer can’t:
- Guarantee a result. Lawyers cannot guarantee a particular result, the State Bar of Michigan says, and the rules bar lawyers’ public communications likely to create an “unjustified expectation” about results (MRPC 7.1(b)). Be wary of a promised number.
- Settle without you (MRPC 1.2(a)).
- Pay your bills while you wait. Beyond advancing case costs, financial help in a pending or planned lawsuit is barred, with narrow exceptions for indigent clients (MRPC 1.8(e)).
- Bend the facts. A lawyer can’t assist conduct the lawyer knows is illegal or fraudulent, offer evidence the lawyer knows is false, or unlawfully destroy or conceal evidence (MRPC 1.2(c), 3.3(a)(3), 3.4(a)). What you tell your lawyer is generally confidential, so share the bad facts too (MRPC 1.6).
- Change what drives value: what happened, how badly you were hurt and how much insurance the other side carries.
How should your lawyer keep you informed?
Michigan’s rules, for example, require a lawyer to keep you reasonably informed about your case, respond promptly to reasonable requests for information, tell you promptly about every settlement offer and case evaluation, and explain enough for you to make informed decisions (MRPC 1.4). The State Bar of Michigan adds that you’re entitled to copies of correspondence and legal documents prepared for you or received from others.
If updates stall, ask in writing where the case stands and what it’s waiting on. You can fire your lawyer at any time, though you may still owe for the work done (MRPC 1.16, comment). Once a lawsuit is filed, changing lawyers usually needs the court’s permission, and complaints about a lawyer’s conduct go to the Attorney Grievance Commission (State Bar of Michigan).
When should you hire a personal injury lawyer?
It’s worth talking to one if you were seriously hurt, fault is disputed, a business or government agency may be responsible, an insurer is denying or delaying benefits, or someone died. If only your car was damaged, or a minor injury has healed and the offer covers your losses, a lawyer may not add more than the fee. Do you need a personal injury lawyer? walks through that decision, with the math, and how to choose the right lawyer for your case covers the choice. If you do hire one, sooner is usually better, while the evidence is fresh.
What to do next
- Get medical care, and keep every record: bills, pay stubs, photos and insurers’ letters.
- Write down your deadlines, starting with the shortest, such as Michigan’s one-year notice for no-fault benefits.
- Talk to a lawyer before you sign anything from an insurer. Get a free case review, and take these questions to ask an injury attorney.
- Get the fee agreement in writing, and compare lawyers by what you’d take home, not the percentage alone.
- In Michigan, compare injury lawyers near you.
What waiting can cost
- Your right to sue. A lawsuit filed after the deadline can be dismissed, however strong the case (in Michigan, MCL 600.5805(1)).
- Benefits you’re owed. Michigan no-fault benefits need written notice within a year of the crash unless the insurer has already paid (MCL 500.3145(1)).
- Evidence. Video gets recorded over, cars get repaired and witnesses move on.
- A settlement you can’t undo. A signed release generally ends the claim, even if your injury turns out worse.
What a good outcome looks like
You know what your lawyer is doing at each step, and you hear about every offer as it comes in. Your benefits are claimed on time, the evidence is saved, and your claim’s value rests on records, not guesses. If the case settles, the closing statement matches your fee agreement, the liens are paid and your share arrives promptly. From wondering what a lawyer would actually do to knowing what happens at each step, what it costs and which decisions stay yours.
Frequently asked questions
What does a personal injury lawyer do?
A personal injury lawyer handles a claim for someone hurt by another person's or a business's carelessness. That usually means investigating what happened and preserving evidence, dealing with the insurance companies, adding up your losses and negotiating, filing a lawsuit before the deadline if talks fail, and paying case costs, the fee and any liens, such as Medicare's, out of a settlement before paying you your share. Whether to accept a settlement offer stays your decision (ABA Model Rule 1.2(a); in Michigan, MRPC 1.2(a)).
How much does a personal injury lawyer cost?
Injury lawyers often work on a contingency fee: a percentage of what's recovered, and no fee if nothing is. Case costs, such as filing fees and medical records, are separate. In Michigan, the fee in a personal injury, wrongful death or no-fault benefits case can't be more than one-third of the amount recovered after the costs of pursuing the claim are deducted, and the agreement must be in writing, with a copy for you (MCR 8.121). Repaying costs the lawyer advances is ultimately the client's responsibility, though a lawyer may pay them for an indigent client (MRPC 1.8(e)).
Can my lawyer settle my case without my permission?
No. The American Bar Association's model rule says a lawyer "shall abide by a client's decision whether to settle a matter" (ABA Model Rule 1.2(a)). Michigan's rules say the same, and require a lawyer to tell the client promptly about every settlement offer and case evaluation (MRPC 1.2(a), 1.4(a)). Your lawyer must give you candid advice about an offer (MRPC 2.1), but the decision is yours.
Can a personal injury lawyer guarantee a settlement?
No. The State Bar of Michigan's guide to hiring a lawyer says lawyers cannot guarantee a particular result. Michigan's ethics rules also bar lawyers' public communications that are likely to create an unjustified expectation about the results they can achieve (MRPC 7.1(b)). What a lawyer owes you instead is candid advice about your case (MRPC 2.1).
How often should my lawyer update me on my case?
Michigan's rules don't set a schedule. They require a lawyer to keep you reasonably informed about the status of your case, respond promptly to reasonable requests for information, tell you promptly about every settlement offer and case evaluation, and explain enough for you to make informed decisions (MRPC 1.4). The State Bar of Michigan adds that you're entitled to copies of the correspondence and legal documents prepared for you or received from other parties. If updates stall, ask in writing where the case stands and what it's waiting on.
When should I hire a personal injury lawyer?
It's worth talking to one if you were seriously hurt, fault is disputed, a business or government agency may be responsible, an insurer is denying or delaying benefits, or someone died. If only your car was damaged, or a minor injury has healed and the offer covers your losses, you may not need one. Many lawyers offer a free or reduced-fee first consultation (State Bar of Michigan). Don't wait on the deadline: most Michigan injury lawsuits must be filed within three years, and no-fault benefits need written notice to the insurer within one year of the crash unless it has already paid (MCL 600.5805(2), 500.3145(1)).
Sources
- A Practical Guide to Hiring a Lawyer · State Bar of Michigan
- Michigan Court Rules (updated September 2, 2026): MCR 2.302, 2.306, 2.309, 2.311, 2.403, 2.410, 2.411, 2.412, 2.508, 2.509 and 8.121 · Michigan Supreme Court
- Michigan Rules of Professional Conduct 1.2, 1.4, 1.5, 1.6, 1.8(e), 1.15, 1.16, 2.1, 3.3, 3.4 and 7.1 (updated with orders effective January 1, 2026) · Michigan Supreme Court
- ABA Model Rule of Professional Conduct 1.2, Scope of Representation and Allocation of Authority Between Client and Lawyer (archived copy) · American Bar Association
- ABA Model Rule of Professional Conduct 1.5, Fees (archived copy) · American Bar Association
- MCL 600.5805, Injuries to persons or property; period of limitations · Michigan Legislature
- MCL 600.5856, Tolling of statute of limitations or repose · Michigan Legislature
- MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
- MCL 500.3030, Insurer not to be made or joined as a party defendant · Michigan Legislature
- MCL 500.3105, PIP benefits payable without regard to fault · Michigan Legislature
- MCL 500.3107, Allowable expenses, work loss and replacement services · Michigan Legislature
- MCL 500.3114, Order of priority for PIP claims · Michigan Legislature
- MCL 500.3135, Tort liability for noneconomic loss; the injury threshold; excess economic loss · Michigan Legislature
- MCL 500.3142, PIP benefits payable as loss accrues; overdue benefits; interest · Michigan Legislature
- MCL 500.3145, Limitations on actions for PIP benefits; notice of injury · Michigan Legislature
- MCL 500.3148, Attorney fees for overdue PIP benefits · Michigan Legislature
- MCL 500.3151, Mental or physical examination; physician requirements · Michigan Legislature
- 42 CFR 411.24, Recovery of conditional payments · Electronic Code of Federal Regulations
- 42 CFR 411.37, Amount of Medicare recovery when a primary payment is made as a result of a judgment or settlement · Electronic Code of Federal Regulations
- Medicare's Recovery Process · Centers for Medicare & Medicaid Services
- 2023 Court Caseload Report: Statewide Circuit Court Summary and Detail · Michigan State Court Administrative Office
- Michigan Trial Court Records Management Standards: Case Type Codes (MCR 8.117), rev. 9/25 · Michigan State Court Administrative Office
- Civil Cases · Administrative Office of the U.S. Courts
- Release (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Updated September 28, 2026
This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.