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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who's lives were disrupted by accidents in the car or medical errors, as well as workplace injuries. They help them obtain the financial compensation they deserve for their the losses and damages. To assess your case's value Your attorney will ask for documents including police or accident reports medical bills and records, employment and school information and any other relevant documentation. Liability Analysis A personal injury lawyer will initially determine the basis of liability. It is determined by the nature of accident and the specific circumstances involved. The three most common theories of liability in personal injury cases are negligence, strict liability and breach of warranty. Negligence claims stem from the defendant's failure to act with the same degree of care and prudence that a reasonable person would under similar circumstances. Examples of negligent actions include driving a vehicle impaired by alcohol or drugs recklessness, inability to wear safety equipment, and failing to maintain roads in good order. If they believe that the party at fault could be held accountable, the attorney will start negotiating a financial settlement. This could involve presenting evidence to the insurance company, such as medical records, police reports or witness statements. They will also collect information about the injured party's medical expenses in the future or lost wages, as well as other damages. In most instances, the insurance company will negotiate an equitable settlement. If not, the attorney will prepare for trial by filing an action against the responsible party and making sure all evidence is ready to be presented before the court. They will also notify their client of any witnesses they plan to call and may hire experts to explain aspects of the case that they are unable to explain on their own. Personal injury lawyers will take part in mediation prior to trial to attempt to reach a settlement with their client and the representative from the insurance company. If no settlement is reached the lawyer will be prepared to present their client's case in court, bringing the appropriate pleadings, motions and petitions along with them. If you are considering hiring an attorney for personal injury, you should compare their expertise, success rate fees, and other factors before making a final decision. You can ask friends, family members or coworkers for recommendations, or you can look into a lawyer referral service which is managed by your bar association. These services will pair you with lawyers who are skilled in the field of law you require and who meet certain criteria. Discovery All personal injury cases that go to trial will involve a process called discovery. It is a time in which both parties in the case are required to share information and evidence with each other. In some cases, this may result in a settlement, which will end legal proceedings. In other instances, it will lead to the case being decided in the courts of law, either by the judge or jury. In personal injury lawsuits there is a significant portion of the investigation involves obtaining the evidence needed to prove that another party was responsible for the incident and the injuries that resulted from it. This could include everything from medical bills to documents, photographs of the accident scene, and even video footage. In certain cases, expert witness testimony may be required to back the claim for damages. During the process of discovery the lawyer will require you to submit any documents in your possession or under your control that pertain to the case. Your lawyer might request copies of your insurance policies as well as the names and contact details of anyone involved in the accident, or other evidence of income loss. Other requests will include interrogatories which are written questions you must answer under the oath. These questions could be about your health insurance, the deductibles of these policies, or any other relevant information. Depositions are another procedure where the defense attorney is able to take your testimony under oath concerning the facts of the accident or injuries. Your lawyer will collaborate with you to prepare you for your deposition, so you feel confident before you go into the deposition. It is essential to remain honest during the discovery process. If you conceal any information from your attorney, it may affect your case. For instance, if don't disclose that you have an existing condition, and that condition is worsened by your injuries, it could affect the amount you receive from a settlement. The majority of Manhattan personal injury lawyers work on a contingency basis that means they will not charge you any fees unless they prevail in your case. It is nevertheless important to discuss billing arrangements with the lawyer you are considering prior to hiring them. Mediation Mediation is the preferred method of resolution for most personal injury cases. Litigation is the process of bringing the case to court, where a judge will determine the outcome. Mediation is a method for parties to come to an agreement with the assistance of an impartial third party called a mediator. It is usually less expensive and quicker than going to court. The purpose of mediation is to get both sides to reach an agreement on a settlement amount everyone can agree to. A competent personal injury lawyer will be able to craft an agreement that provides the client with an appropriate amount of compensation. They'll also be able to negotiate with the insurance company for the best possible outcome. Both the plaintiff and defense will be able to present their opening statements during a mediation. The defense will try to discredit any claims made by the plaintiff, citing independent medical examination findings or denying the accident account. The defense will also provide reasons why they consider the claim less than the amount demanded by the plaintiff's lawyer. The mediator will then divide the two parties into separate rooms after the opening statements. The mediator will then move back and forth between rooms, passing information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiation strategies with the defense attorney in an effort to convince them that the case is worth more than what they're offering. Some insurance companies will offer low-ball mediation offers to see what the lawyer representing the plaintiff will do. They want to know if the victim's lawyer is scared of going to trial and take their low offer seriously. This is why it's vital that the personal injury lawyer is well-prepared for mediation before attending it. The insurance company can use this to their advantage when they're not prepared, and may entice the lawyer into accepting a low-ball offer. Your personal injury lawyer will utilize this information to help improve the outcome of your case if you are ready for mediation. This will save you time and money in the long time. You might not need to appear in court. Trial After an extensive investigation, your personal injury lawyer will be preparing to go to trial. This can take a few months. Downey injury lawyer will gather evidence, such as police reports and CCTV footage, medical and insurance documents. They can also engage experts in order to determine the cause of injury and to evaluate damages. A judge or jury will decide if the party responsible is to blame, how much compensation you are entitled to and the amount to which you are entitled to. In a personal injury case, compensation can be given for physical discomfort and pain permanent disability emotional anxiety and loss of enjoyment life, and loss of earnings. The majority of personal injury lawyers work on a contingent basis, which means they are not paid until they are successful in settling your case. However, different attorneys use different pricing structures, so it is important to ask about their fee structure prior agreeing to representation. Regardless of the nature of the personal injury claim you have, your lawyer will need to prove 4 key elements that include breach of duty, causation and damages. They must demonstrate that the other party or firm owed you a duty to behave in a specific manner, but did not perform their duty and this caused you harm/injuries. They must demonstrate that their injuries caused you to suffer damages such as medical bills and lost wages, or property damage. They will then have to convince the jurors that you deserve compensation for your losses. It is important to realize that the vast majority (if not all) of personal injury cases are settled outside of court through the settlement. Settlements tend to be quicker and less risky than trial. However, your NYC personal injury lawyer will be able to bring your case to trial if necessary to secure the best possible outcome for you.