What Your Personal Injury Lawyer Does in a Lawsuit

What Your Personal Injury Lawyer Does in a Lawsuit

If you’ve been in an accident that wasn’t your fault and have suffered injuries that have resulted in financial losses, one of the most important things you can do is to get a personal injury lawyer by your side as soon as possible.

They will be more than prepared to file your claim against the at-fault party. But if negotiations fail and you are unable to reach a settlement, your lawyer will file a lawsuit and get ready to bring your case to court.

Many times, the terms “claims” and “lawsuits” are used interchangeably when referring to personal injury proceedings, but it’s important to understand that they’re not the same. A claim is a demand for compensation that someone who suffered injuries makes against the party that caused the injuries.

A lawsuit, on the other hand, is a formal public proceeding wherein a court decides whether the claim is valid. If so, the court also assigns the compensation that is awarded to the plaintiff.

Below is an explanation of what your personal injury lawyer does in a lawsuit, specifically:

One of the most important things your personal injury lawyer will do is explain the law that applies to the accident you suffered, as well as your rights. If you’re filing a negligence-based lawsuit, they will delve into the various things that you’ll have to prove.

In New Jersey, proving that someone acted negligently requires that you first establish that the party had a duty of care toward you. In a car accident caused by someone who was driving under the influence, for example, that individual had the duty of care to follow all laws as a means of protecting their fellow motorists.

The next thing you’ll have to prove is that the person breached that duty of care. Continuing with the same car accident example, driving under the influence was an action that broke the law and put everyone else on the road at risk as a result.

You must then demonstrate that it was the other party’s negligence that directly led you to suffer injuries. If the driver lost control of the car as a result of drinking and driving and crashed into you, thereby causing you to experience broken bones or other injuries, then you can prove their actions were to blame.

The final thing you will have to show is that you can be compensated for your losses. If the accident led to a bruise that didn’t require medical care, you didn’t suffer any losses that you can be compensated for.

For personal injury lawsuits that revolve around strict liability, you won’t have to prove negligence, but you will have to show that the defendant’s actions or products led to the injuries you suffered. No matter the scenario, though, your lawyer will explain how to prove the various requirements in a court of law and will show you what kinds of evidence can present a strong case.

Each personal injury lawsuit is unique, so in order to ensure that you have the best chance at getting the compensation you deserve, it’s essential to have an experienced lawyer ready to talk strategy with you and offer reliable advice. They can guide you in the strategies that will suit your lawsuit best.

At Garces, Grabler & LeBrocq, we’ll always talk you through every detail, from the evidence that will work to prove your case to even whether filing a lawsuit is the best option for you.

If you choose to file a lawsuit, it’s essential to have a lawyer by your side. Although many defendants settle out of court before their case actually makes it to trial proceedings, there are many steps that your lawyer will have to take in court regardless. For instance, there can be motion hearings and other in-court proceedings that you won’t be experienced enough to take care of yourself.

Although few cases actually make it to the trial process, it’s essential that you choose a lawyer with litigation experience. They will prepare you for court, offering advice on everything from what you’ll be expected to do at the trial to what to wear.

Most of these trials involve expert witnesses, and that is something else that your lawyer can help you with. Personal injury lawyers have connections to many types of expert witnesses who can offer their testimony.

Personal injury lawyers have a deep understanding of the human aspect of such an injury. Suffering from these and other losses can leave you struggling significantly. A lawyer understands that, and in response, they will provide the support you need.

As such, something else they can help with is representing you without charging you upfront fees. Most times, you can expect a personal injury lawyer to work on a contingency fee basis so that you can still get the help you need without needing to pay immediately.

No Fee Unless

GGL Wins

Choosing the Right Personal Injury Lawyer

As mentioned above, you must ensure you choose a personal injury attorney with litigation experience from the get-go. Although most claims are settled before they reach the lawsuit process, not all of them do. You don’t want to take the risk of going down that path without someone with experience by your side.

Ask the lawyer you’re considering about the experience they have. They have to have years of representing clients and winning fair settlements. Keep a lookout for the kinds of settlements they have won for their clients, as well, since many lawyers will under-settle to avoid having to go to court.

You need to determine whether they have experience with your specific type of case as well. A lawyer who’s well-versed in car accidents, for instance, will likely be able to represent you in a truck accident or motorcycle accident claim. But if they’ve never tackled a single product liability case in their career, it’s best to choose another lawyer.

It’s also crucial to read client testimonials and turn to online reviews to get an honest idea of the kind of services you can expect. If you notice a pattern of complaints from clients, select another lawyer.

Make sure you understand their payment model, too. Most personal injury lawyers don’t get paid unless you do, but you’ll always want to guarantee that’s the case. Ask about what their fees will be if you do win a settlement so that there aren’t any surprises down the road.

You also want to ask about the resources they offer. Can the lawyer also help with damaged property evaluations? Do they have a wide network of medical professionals ready to testify? Some lawyers can even find doctors who can offer medical services on a lien basis so that you can still receive the medical care you need. Ultimately, the more that the attorney can do and offer, the better it will be for you, as you won’t have to go out of your way to search for other providers on your own.

Our last, but certainly not least important, tip is to look for a lawyer you’re comfortable with. Filing a personal injury lawsuit and going through the process can take time, so you want to feel at ease with the person you work with. You should be able to ask questions and get clear answers from them.

The right lawyer will be someone who offers respect in every interaction and provides clear answers to the concerns you have. If the lawyer brushes you off or dismisses your worries, or even if just getting them on the phone proves difficult, you need another lawyer.

How Garces, Grabler & LeBrocq Can Help

At Garces, Grabler & LeBrocq, we offer the reliable representation you deserve. We’ve won over $1 billion for our clients over the course of 30 years, and we’re here to help you, too.

Our team has a dedication to providing compassionate and tenacious services to all of our clients. Because we have decades of experience in litigation, you never have to worry about us handing your case over to another lawyer if we have to go to court. We’ll work through the case from the start to the end.

We treat our clients like family, so you always feel welcomed and understood. If you’ve suffered an injury because of someone else’s negligence, we’re ready to assess the claim and get started.

Don’t wait to get the representation you need. Call Garces, Grabler & LeBrocq at 1-800-923-3456 to schedule your free consultation with one of our lawyers today.

Related Practice Areas

No Fee Unless

GGL Wins

We've got you covered.

Tell us what happened.

One of our advisers will contact you.


Recent GGL Wins

Medical Malpractice

A 30-year-old pregnant woman went into labor. The doctor failed to take proper steps in the baby’s delivery, making the mother wait in the hallway for ten hours while the baby’s heart rate began to drop. The baby was delivered via C-Section; he was blue from lack of oxygen resulting in Cerebral Palsy.

$14 Million


Construction Accident

Mediation award resulting from an industrial explosion causing disfiguring burns and severe orthopedic injuries.

$7.8 Million


Auto Accident

31-year-old man who was cut off by another car causing his car to flip over. He sustained head injuries, facial injuries, and half of his pinky finger was amputated.

$3 Million