Behind the Scenes: How a Personal Injury Attorney Builds a Winning Case
If you’ve been injured in an accident, you probably have a lot of questions. What happens after you hire an attorney? What does your lawyer actually do? How does your case move forward?
At Hudson Injury Law, during intake, we assess whether a case can be presented to a jury. If I do not think that your case is one I can push forward, then its not one I take on. I need to be able to tell other people what happened to you.
(Check out my appearance on the Make Your Case Podcast, which delves into this and other topics!)
Let me walk you through how personal injury cases are built and why having an attorney who actively works your case makes a huge difference.
Step 1: Listening to Your Story
Every case starts with your story.
When you call me, I don’t just gather facts. I listen. I want to understand what happened to you, how it has affected your life, and what your goals are. This isn’t just about medical bills or lost wages. It’s about how your injury has changed your day-to-day life.
Before we ever send a demand or file a lawsuit, I need to fully understand your injuries, your recovery, and your losses. That includes:
• Medical records
• Work history
• Personal impact (what activities you can no longer do, pain levels, emotional struggles)
This early information helps me decide how strong your case is — and what direction we should take.
Step 2: Gathering Evidence
Once I understand your story, the next step is gathering evidence.
Insurance companies don’t pay because you ask. They pay when you can prove:
• What happened
• Who was at fault
• How badly you were hurt
This means:
• Ordering complete medical records
• Collecting accident reports
• Interviewing witnesses
• Photographing injuries, vehicles, or accident scenes (even getting a private investigator if needed)
• Gathering employment and wage loss documents
In some cases, we hire experts early for example, accident reconstructionists or medical experts to help explain how the injury happened and how serious it is.
Step 3: Telling the Story
Personal injury cases aren’t just about facts they’re about storytelling.
Juries and insurance adjusters are people. They respond to stories that make sense and feel real. That’s why I work hard to explain your case in a way that shows both:
• The facts (who is responsible, what evidence proves it)
• The human side (how your life was changed)
For example, it’s one thing to say a person can’t garden anymore. It’s another thing to explain that gardening was what gave them peace every day, and they’ve lost that.
Step 4: Pushing the Case Forward
One of the biggest mistakes I see is attorneys who file a case and let it sit for months or years.
I don’t wait. As your attorney, I actively move your case forward by:
• Sending written discovery (questions the other side must answer)
• Scheduling depositions (sworn testimony)
• Filing motions when needed
• Pushing defense attorneys to respond
Insurance companies notice when a case is being worked up aggressively. They know we are serious about taking the case to trial if needed. Continued activity helps to put your case in the best position possible.
Step 5: Preparing for Negotiation
Most personal injury cases settle but only when both sides believe they know what will happen if they go to trial.
That’s why I often:
• Share key evidence with the defense early
• Conduct focus groups to see how real people react
• Prepare detailed settlement demands
• Use mediators to help both sides see the risks
By fully preparing the case, we put pressure on the insurance company to offer a fair settlement. In some cases, early preparation has helped me settle significant cases before even filing a lawsuit.
Step 6: Trial Preparation (If Needed)
If the insurance company refuses to offer a fair settlement, we prepare for trial.
This means:
• Organizing medical testimony
• Preparing clients and witnesses to testify
• Developing opening and closing arguments
• Creating exhibits to show the jury
Why Proactive Case Building Matters
I learned early in my career that insurance companies respond to pressure.
When cases sit, they don’t feel pressure. But when an attorney is actively building the case, gathering evidence, taking depositions, and filing motions, they know the risks grow for them.
That’s why my approach is simple:
Move the case forward. Tell the story well. Be ready for trial if necessary.
Need Help After an Injury?
If you’ve been hurt in an accident, you deserve a lawyer who takes your case seriously from day one. At Hudson Injury Law, we treat every client like family — with clear communication, hard work, and a focus on results.
📞 Call us today for a free consultation.
Let’s start building your case and your recovery together.
