Personal Injury Lawyer When a person is injured do to the negligence of another party that person has the right to file a personal injury lawsuit.  Due to the complexity of the law, it is wise to hire a Personal Injury lawyer to handle the case. Personal injury victims with a strong case should not have to pay any out of pocket expenses. Any attorney worth his salt will take on a personal injury case on a contingency basis. This means that the attorney will cover all expenses during the trial, and take his fee as a percentage of the recovery. Typically, this ranges from 1/3 to 1/2 of the total damages.