If you have been injured from a motor vehicle accident or a fall, your first trip may be to the hospital. At the hospital you will be asked how the injury happened. This will usually be documented in the hospital record. Following the discharge from the hospital when you see your attorney, the attorney will have you sign a retainer agreement which provides for the attorney's fees, usually being one third. Legal action will follow, if no reasonable offer is made by the insurance company, to settle your case.