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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who are affected through car accidents or medical errors, or workplace injuries. They help them recover financial compensation for injuries and losses. Your attorney will request documents like police or accident reports; medical bills and records; school and employment information, and any other relevant documentation. Liability Analysis A personal injury lawyer will first determine the theory of responsibility. This depends on the type of incident and the specific facts involved. The three most common theories of liability in personal injury cases are negligence, strict liability and breach of warranty. The basis for negligence claims is the defendant's inability to act with the same degree of care and prudence reasonable people would exercise under similar circumstances. YouTube of negligent actions include driving a car when impaired by alcohol or drugs, recklessness, failure to use safety equipment and failing to maintain roads in good order. If they believe that the party at fault can be held liable then the attorney will begin negotiations for an agreement to settle the financial issue. It may be necessary to provide evidence, like medical records, police reports and witness statements, to the insurance company. They will also gather information regarding the injured party's future medical expenses, lost wages and other damages. In many cases the insurance company will negotiate a fair settlement. If not the attorney will prepare for trial by filing a lawsuit against the responsible party and making sure all evidence is ready to be presented in court. They will also inform their client of any witnesses they intend to interview and could also employ an experts to explain aspects of the case that they cannot explain on their own. Before the trial begins, the personal injury attorney will usually attend mediation with the representative from the insurance company and their client to try to reach an agreement. If no settlement is reached, the attorney will be ready to present their client's case to the court, bringing the appropriate documents, such as motions, and pleadings along with them. Before making a decision take the time to compare the experience, success rate and costs of any personal injury lawyer you are considering. Ask friends, family or coworkers to recommend a lawyer, or take advantage of the lawyer referral service run by your bar. These services can match you with lawyers who are skilled in the field of law you are interested in and meet certain criteria, such as being a member of the state bar and having a a record of satisfied clients. Discovery All personal injury cases which go to trial will involve the process of discovery. It is a period during which both parties involved in the case are required to share information and evidence with one another. In some cases, this will result in a settlement being reached, which will end the legal proceedings. In other instances it could result in the case being settled in the courts of law by a judge or jury. In personal injury claims the majority of the investigation involves obtaining the necessary evidence to show that a third person was responsible for the accident and injuries that resulted from it. This could include anything from medical documents and bills to photographs of the scene of the accident and video footage. In certain cases expert witness testimony could be required to back an action for damages. During the discovery phase, your lawyer will ask you for any documents in your possession that relate to your case. For instance, your lawyer will request copies of any insurance policies that you are currently enrolled in as well as the names of anyone who was involved in the accident, and any other documentation of lost income. Interrogatories are written questions to which you have to respond under the oath. These questions could be about your health insurance, the deductibles for the policies, or other relevant information. Depositions are another method in which the defense attorney will take your testimony under oath about the circumstances of the accident or injuries. Your lawyer should collaborate with you in preparing you for your deposition to ensure that you are confident going into the session. It is important to remain honest throughout the discovery process. If you conceal any information from your attorney, it could harm your case. For instance, if do not disclose that you have a preexisting medical condition, and it is made worse by your injuries, it could affect the amount you receive in a settlement. The majority of Manhattan personal injury lawyers operate on a contingency fee, meaning they will not charge you any costs unless they prevail in your case. It is nevertheless important to discuss billing arrangements with the attorney you're considering before you hire them. Mediation Mediation is the preferred method of settling the majority of personal injury cases. Litigation is the process of bringing the case to court where a judge is required to decide the outcome. Mediation is a way for parties to reach an agreement with the help of an impartial third party, known as mediator. It is usually less expensive and quicker than going to court. The goal of mediation is to get both sides to agree on a settlement that everyone can accept. A good personal injury attorney will be able to structure the settlement in order that the client gets fair compensation. They will also be competent to negotiate with the insurance company to achieve the best possible result. In mediation, both plaintiff and the defense will have an opportunity to give their opening statements. The defense will attempt to discredit the claims of the plaintiff by citing any independent medical exam findings or denying their assertions about the incident. The defense will also explain why they value the claim lower than the amount requested by the plaintiff's lawyer. After the opening statements The mediator will then break the two parties into separate rooms. The mediator will then move between the rooms, passing information from one side to the other. The lawyer for the plaintiff will talk to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than the offer. Some insurance companies will make low-ball offers during mediation to determine what the plaintiff's lawyer will do. They want to know if the victim's attorney is scared of going to court and will accept their low offer. This is why it's important that an attorney for personal injury is well-prepared for mediation before they attend. The insurance company will profit from this when they're not prepared, and can intimidate the lawyer to accept a lower-cost offer. If you're ready to negotiate however your personal injury lawyer can leverage that information to improve your outcome. This will save time and money. And it may even prevent you from going to trial in the first place. Trial The personal injury attorney you choose will prepare for trial after an exhaustive investigation. This can take months. Your attorney will gather evidence, including police reports, CCTV footage medical and insurance records. They may also employ experts to determine the root of your injuries and to determine the extent of your injuries. A judge or jury decides whether you are entitled to damages, and how much compensation you are entitled to and if you have the right to sue the party responsible. In a personal injury lawsuit you may be awarded compensation for physical pain and discomfort as well as permanent disability emotional stress loss of enjoyment of life, and loss of wages. Most personal injury attorneys are contracted on a contingency basis, meaning that they're not paid until they are successful in settling your case. However, different lawyers follow different pricing structures, therefore it is advisable to ask about their fee structure before signing up to representation. No matter what kind of personal injury case you are facing, your lawyer will need to prove four essential elements which are breach of duty, duty, causation and damages. They must prove that the other person or firm owed you a duty to act in a particular way, they didn't do it and that caused you harm or injury. They must demonstrate that you were a victim of damages including medical bills, lost wages and property damage, and that they resulted directly from your injuries. Then, they will need to convince the jury that you are entitled to an equitable settlement for your losses. It is important to realize that the majority (if not all) of personal injury cases are settled out of court by a settlement. It is generally faster and less risky than going to trial. However it is important to note that your NYC personal injury lawyer will be able to take your case to trial should you need to secure the best possible outcome for you.