What is one unexpected challenge you've faced as a personal injury lawyer? How did you overcome this challenge?

Question

Navigating the legal landscape as a personal injury lawyer can be fraught with unexpected challenges. This article delves into crucial issues such as adapting to virtual legal practice, addressing racial bias in courtrooms, and managing difficult client expectations. Drawing from expert insights, it offers practical strategies for overcoming these hurdles and maintaining a successful legal career.

James Wood · Answer

Maintaining business continuity during the COVID-19 pandemic was certainly an unexpected challenge I had to overcome. As a lawyer, much of what we do involves meeting with people—be they clients, insurance representatives, other lawyers, or members of the court—and I had to conduct almost all of that virtually. My business also had to become savvy with new technology and tools to maintain operations that we were accustomed to doing differently for years. 
When the emergency subsided and lockdown ended, however, we assessed what we learned from that experience and which methods or tools were worth keeping. One of the attitudes that we've maintained, however, is an open mind to how technology can assist in areas where we've been comfortable doing things "the old-fashioned" way.

Loren Schwartz · Answer

An unexpected challenge I've faced as a personal injury lawyer was learning how to navigate the subtle but powerful racial biases that can surface during trial—especially when representing clients from marginalized backgrounds. One case that stands out involved a Black woman who went to a clinic for a simple cold. The doctor decided to irrigate her ear, despite her concerns, and she ended up losing her hearing permanently. It was a clear case of medical malpractice, but as we prepared for trial, it became evident that this wasn't just a battle over negligence—it was also about perception, credibility, and bias.
We had an all-white jury, and I was deeply concerned that they wouldn't see my client's pain and suffering in the same light they might for someone who looked like them. There were racial undertones throughout—subtle dismissals of her pain, skepticism about her account, and even condescending behavior from the defense. It became my responsibility not only to present the medical evidence clearly but to humanize her story in a way that broke through unconscious bias. We leaned into authenticity. We told her story honestly, vulnerably, and powerfully. And we won. The jury awarded her $700,000. That verdict wasn't just justice for her—it was a reminder that when you truly connect with a jury and fight for your client with everything you have, justice can prevail.
Another case that shaped my perspective was a painting contractor who fell from faulty scaffolding and was left paralyzed. His entire life was flipped upside down. But instead of giving up, he fought back—and so did we. We won that case too. He used the settlement to start his own painting company and turned tragedy into opportunity. Today, he employs others and continues to build something meaningful.
These cases taught me that my job isn't just to win—it's to help people rebuild. I stay in touch with many of my former clients, and nothing makes me prouder than seeing them in a better position than where they started. That's why I do what I do—because personal injury law, at its best, is about healing, rebuilding, and lifelong relationships.

Greg Baumgartner · Answer

In my forty years as a personal injury lawyer, one challenge that rears its head from time to time is the patient who believes they know more than the doctor they have hired for help. I have found that the best way to handle this situation is to clearly explain the consequences of the patient attempting to act as their own doctor.

Mark Hirsch · Answer

One unanticipated problem was helping customers control unreasonable expectations. Many customers believe every case results in a large reward quickly. However, this is seldom true. Cases take time, and facts rather than sentiments determine the results.
I overcome this challenge by communicating openly and honestly. I clarify each step of the process and provide realistic deadlines. I tell clients what aspects of their case are strong and what aren't. Trust builds when you are truthful.

How to Overcome Unexpected Challenges as a Personal Injury Lawyer

Appearances

Adapting to Virtual Legal Practice

Overcoming Racial Bias in Courtrooms

Managing Patients Who Challenge Medical Advice

Setting Realistic Expectations for Legal Cases