Close X

What Is The Attorney's Role In A Personal Injury Cases?

Posted by Michael Arellanez | Nov 10, 2021 | 0 Comments

Attorney Role - California Personal Injury.

The role of the attorney is to advocate for the accident victim.  Insurance companies operate as businesses and owe a duty of loyalty and care to maximize profits for their shareholders and investors.

As such, insurance companies will make you fight for every cent and dollar that you might be entitled to. The insurance company will offer the lowest amount possible to settle your case. You should consult with an attorney so you know the value of your case to avoid settling for a lesser amount. What will an attorney do if you hire one?

Investigating Motor Vehicle Accidents.

If injured in a motor vehicle accident you should seek medical attention.  If law enforcement responds you should communicate all injuries including minor aches and pains to the responding officer. To learn more about what you should do after an accident click on the link below.


An officer's report creates a record of the accident and will likely include a brief description of what happened. Memories fade over time and creating a record reduces the risk of forgetting to inform your attorney of an important fact. However, the officer is not likely to conduct a thorough investigation. A more thorough investigation by an attorney will include:

  • Reviewing the officer's report;
  • Reviewing insurance reports;
  • Interviewing witnesses;
  • Obtaining video evidence;
  • Requests to all parties and third parties that evidence be preserved;
  • Inspections of the scene;
  • Reviewing medical records; and
  • Consulting with experts
Medical Treatment.

Medical treatment is highly recommended. Neck pain, lost of mobility, headaches, and other health issues may seem manageable without medical treatment. However, the insurance company will look at the lack of medical documentation as proof that no injury occurred. If you're concerned with the price of treatment speak with an attorney right away as there might be a way to pay for the medical costs. However, an at-fault driver should be responsible for medical costs and other damages.

Demand Letter and Negotiations.

An attorney will first send a demand letter that outlines the claim and reason the insurance company should pay.  The demand letter will generally include:

  • The facts and circumstances of the accident;
  • The damages to the injured parties property;
  • The costs incurred as result of the accident; and
  • A demand for compensation from the insurance company.

As such, you should consult with an experienced attorney to determine what your case is worth. Insurance companies have a team of attorneys and adjusters. High value cases will be handled by a senior attorney and/or adjuster. At Arellanez Legal we have the experience and knowledge to negotiate any accident case. Arellanez Legal is different than most personal injury cases because we know what the insurance company will require of both their attorneys and adjusters to settle the case. To learn more about Arellanez Legal click on the link below.

Filing A Lawsuit.

If your case does not settle at the negotiation phase your California attorney can file a personal injury lawsuit. However, most cases settle prior to filing and a majority of the cases in litigation settle before reaching the trial phase.  There are also other ways to resolve a case such as mediation and arbitration. Some California Courts require the parties to first attempt mediation and other California Courts offer free mediation to resolve cases.  There are many ways an attorney can resolve a case for their client.

Contact Arellanez Legal.

If you've been injured in an accident contact Arellanez Legal by calling (951) 888-2464 for a free consultation or by providing a date and time that will work for you via our easy-to-use contact page..

About the Author

Michael Arellanez

Michael Arellanez (“Michael”) is the founder of Arellanez Legal, a law firm priding itself on client care and advocacy. At Arellanez Legal the client's needs and expectations are of the utmost importance. Michael works with each client to make sure they understand their case and the steps that wi...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Arellanez Legal Today

Arellanez Legal is a Southern California law firm committed to answering your questions about Personal Injury and Estate Planning law issues.

We'll gladly discuss your case with you at your convenience. Contact me today to schedule an appointment.

Arellanez Legal Is Here For You

Arellanez Legal is a client oriented law firm dedicated to helping clients with their personal injury and estate planning needs.