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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who's lives have been affected by car accidents, medical errors or workplace injuries. They help them recover compensation for damages. To evaluate the value of your case Your attorney will ask for documents such as accident or police reports, medical bills and records, employment and school information and any other relevant documentation. Liability Analysis When an attorney for personal injury takes on the case, they begin by determining the basis of responsibility. It is determined by the nature of accident and the particular circumstances involved. The three most commonly used theories of liability in personal injury cases are negligence and strict liability, as well as breach of warranty. The basis for negligence claims is the defendant's failure to exercise the same level of care and prudence a reasonable person would under similar circumstances. Examples of negligent conduct include driving a vehicle impaired by drugs or alcohol recklessness, inability to use safety equipment, and failing to maintain roads in good order. If the attorney believes the party responsible for the fault could be held responsible and they begin to negotiate an agreement for financial settlement. This may involve giving evidence to the insurance company such as medical documents, police reports and witness statements. They will also collect details about the injured person's medical expenses in the future or lost wages, as well as other damages. In many instances the insurance company will accept a fair settlement. If not, the lawyer will prepare for trial by filing an action against the responsible party and ensuring all evidence is ready to be presented before the court. They will also inform the client of any witnesses they intend to interview, and could hire an expert witness to describe certain aspects they are unable to describe by themselves. Before a trial begins the personal injury lawyer usually participates in mediation with the representative of the insurance company and their client in order to negotiate an agreement. If no settlement is reached the lawyer will be prepared to present their client's case in court, bringing appropriate documents, such as motions, and pleadings along with them. Before you make a decision take the time to compare the success rate, experience and costs of any personal injury lawyers you are looking at. You can ask your friends family members, coworkers or even your own parents for recommendations or consider the lawyer referral service that is run by your bar association. These services will match you with lawyers who have experience in your area of law and meet certain criteria for example, being an active member of the state bar and having the track record of having satisfied clients. Discovery Personal injury cases that go to trial 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 instances, this could result in a settlement, which will end legal proceedings. In certain cases, this may result in a settlement being reached that will end the legal process. In personal injury cases, a major part of the investigation process involves gathering evidence to establish that the accident and injuries resulted from the negligence of another person. This can range from medical documents and bills to photographs of the accident site and video footage. In certain cases, expert witness testimony may be needed to support a claim for damages. During the process of discovery the lawyer will require you to submit any documents in your possession or control that pertain to your case. For instance your lawyer may request copies of any insurance policies you are currently enrolled in, the names of anyone who was a victim of the incident, and any other evidence of lost income. Interrogatories are written questions that you must answer under the oath. These questions could be about your health insurance, the deductibles on these policies, or any other relevant information. Depositions are another procedure where the defense attorney takes your testimony under oath regarding the details of the incident or the injuries you sustained. Your lawyer will work closely with you to prepare you for your deposition so you feel confident about your testimony before the session. It is crucial to be honest during the discovery process. Keep any information you have from your lawyer. It could hurt your case. For instance, if fail to disclose that you have an existing health issue, and that condition is made worse by your injuries, it can significantly impact the amount you receive in a settlement. Most Manhattan personal injury lawyers operate on a contingency basis, which means that they will not charge you any fees until they have won your case. It is essential to discuss the billing arrangement with your attorney before hiring them. Mediation Mediation is the preferred method of settling most personal injury cases. YouTube is the process of bringing a case before a court, where a judge will determine the outcome. Mediation allows parties to come to an agreement with the assistance of an impartial third party, known as a mediator. It is generally less expensive and quicker than going to court. The goal of mediation should be to get both parties to reach an agreement on a settlement that they can all live with. A good personal injury lawyer will know how to structure a settlement that will provide the client with fair compensation. They will also be able negotiate with the insurer to ensure the best outcome. During a mediation, both the plaintiff and defense will have an opportunity to give their opening statements. The defense will attempt to discredit the plaintiff's claims, citing any independent medical examination findings or denying their own claim of the accident. The defense will also provide reasons why they believe the claim is less than the amount demanded by the plaintiff's attorney. After the opening statements The mediator will then break the two parties into separate rooms. The mediator will then go between the rooms, carrying information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiation strategies with the defense attorney, trying to convince them that the case is worth more than what they're offering. Certain insurance companies make low mediation offers to see what the plaintiffs' lawyer will do. They want to see if the victim's attorney is afraid of going to court and will accept their low offer. This is why it's important that the personal injury lawyer is well-prepared for mediation prior to attending. If they're not, the insurance company can use that to their advantage by threatening the lawyer into accepting their low offer. If you're ready for mediation however your personal injury lawyer can use this information to increase the chances of success. This will save you time and money in the long time. You might not even need to go to court. Trial Your personal injury attorney will prepare for trial following a thorough investigation. This can take a few months. Your attorney will collect evidence, including police reports and CCTV footage as well as medical and insurance documentation. They may also hire experts to determine the root of your injuries as well as evaluate the damages you have suffered. A judge or jury decides whether you're entitled to damages, what much compensation you should receive and if you have the right to sue the party responsible. In a personal injury case there is a possibility of compensation for physical discomfort and pain, permanent disability emotional distress loss of enjoyment of life, and loss of earnings. The majority of personal injury lawyers are on a contingency basis that means they don't get paid unless they succeed in winning your case. Different attorneys use different pricing methods and it's a good idea to ask them about their fee structure prior to agreeing to represent you. No matter what nature of the personal injury claim you have the lawyer you hire will have to prove 4 key elements: duty, breach and causation, as well as damages. They must prove that the other party or company was obligated to behave in a specific manner, but did not perform their duty and caused injury or harm to you. They will need to show that you suffered damages, such as medical bills or lost wages, as well as property damage and that these resulted directly from your injuries. They will then need to convince the jurors that you have a right to compensation for your losses. It is crucial to realize that the vast majority of personal injury cases settle outside of court through a settlement. It is usually quicker and less risky than going to trial. Your NYC personal injury lawyer will be ready to take on trial in order to ensure the best outcome for you.