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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who have been affected through car accidents or medical errors, or workplace injuries. They help them obtain the financial compensation for damages and losses. To assess your case's value Your attorney will ask for documents, including police or accident reports, medical bills and documents, school and employment information and any other relevant documentation. Liability Analysis A personal injury lawyer will initially determine the legal basis for responsibility. This depends on the type of incident and the specific circumstances. The three most popular theories of liability in personal injury cases are negligence and strict liability, as well as breach of warranty. Negligence claims are made when a defendant does not perform the same amount of care and caution as a reasonable person in similar circumstances. Examples of negligent conduct include driving a car when impaired by drugs or alcohol, recklessness, failure to use safety equipment, and ignoring the need to keep roads in good order. If the attorney believes the person responsible can be held responsible then they will begin negotiations for an agreement on financial terms. This could involve giving evidence to the insurance company, such as medical records, police reports or witness statements. They will also collect details about the injured person's medical expenses in the future, lost wages, and other damages. In most instances the insurance company will negotiate an acceptable settlement. If not, the attorney will prepare for trial by filing an action against the responsible party and making sure all evidence is prepared to be presented in court. They will also inform their client of any witnesses they plan to call and may hire expert witness to describe aspects of the case that they cannot explain on their own. Before a trial begins the personal injury lawyer typically attends mediation with the representative of the insurance company and their client in order to reach a settlement. If a settlement isn't reached, the attorney is prepared to present his client's case to the court of law, bringing all necessary pleadings and motions. If you are considering hiring a personal injury lawyer it is important to compare their expertise, success rate fees, and other factors before deciding. Ask family members, friends 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 experienced in the field of law you are interested in and meet a set of criteria for example, being a member of the state bar and having a the track record of having satisfied clients. Discovery All personal injury cases that go to trial have a process called discovery. It is a period during which both parties in the case are required to share information and evidence with one another. In certain cases, this may result in a settlement reached, which will conclude the legal proceedings. In other instances it could lead to the case being settled in the courts of law by the judge or jury. In personal injury cases, a significant part of the investigation process is gathering evidence to prove that the injury and accident resulted from the negligence of another person. This can include any medical bills, records, photos of the scene of the accident and even video footage. In certain cases, expert testimony may be required to prove an assertion. During the process of discovery Your lawyer will ask you to provide any documents in your possession or control that are relevant to your case. Your lawyer might request copies of your insurance policies as well as the names and contact information of anyone who was involved in the incident, as well as any other documentation that proves the loss of income. Interrogatories are written queries that you must answer under an oath. These might be questions regarding any health insurance coverage you have, the deductibles of these policies, as well as other pertinent details. There is also a process called depositions, and it involves the defense attorney giving your testimony under oath about the facts of the accident and your injuries. Your lawyer will prepare you for the deposition in order to make sure you are comfortable. It is crucial to be honest during the discovery process. Hide any information from your lawyer. It could hurt your case. For instance, if you don't disclose that you have an existing condition, and that condition is aggravated by the injuries you sustained, it could affect the amount you receive in a settlement. The majority of Manhattan personal injury lawyers are on a contingency basis which means they won't charge you any fees unless they prevail in your case. It is crucial to discuss the billing process with your attorney prior to hiring them. Mediation Mediation is the preferred method of resolution for most personal injury cases. Litigation is the process of taking the case to court where a judge is required to decide on the outcome. Mediation, on the other hand allows parties to come to an agreement that is mutually acceptable with the help of an impartial third party, referred to as mediator. It's generally less expensive, faster and more collaborative than a trial. The purpose of mediation is to bring both sides to reach an agreement on a settlement amount that everyone can accept. A competent personal injury lawyer will know how to structure a settlement that will provide the client with a fair amount of compensation. They will also be competent to negotiate with the insurance company for the best possible outcome. During mediation, both plaintiff and the defense will have an opportunity to make their opening statements. Pharr injury lawyers You Tube will attempt to discredit the claims of the plaintiff by citing any medical examination findings from independent sources or disputing their claim of the accident. The defense will also explain why they value the claim lower than the amount requested by the lawyer representing the plaintiff. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then go between the rooms, transferring information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiation strategies with the defense attorney and try to convince them that the case is worth more than what they're offering. Certain insurance companies make low offers at mediation to see what the lawyer representing the plaintiff will do. They want to find out if the victim's lawyer is scared of going to trial and will accept their low-ball offer seriously. This is why it's vital that the personal injury lawyer is well-prepared for mediation prior to attending. Insurance companies will make use of this advantage when they're not prepared, and may entice the lawyer to accept a low-ball offer. Your personal injury lawyer will use this information to improve the outcome of your case if willing to go through mediation. This will save you time and money in the long in the long run. You may not even have to go to court. Trial After an extensive investigation, your personal injury lawyer will be preparing to go to trial. This process can take several months. Your attorney will collect evidence, including police reports and CCTV footage medical and insurance records. They may also hire experts to determine the source of the injury and to evaluate damages. A judge or jury determines if you are entitled to damages, and how much compensation you should receive and if you are able to sue the person responsible. In a personal injury lawsuit it could be the payment of physical suffering and pain permanent impairment loss of enjoyment life emotional distress, lost earnings and more. Most personal injury attorneys are contracted on a contingency basis, meaning that they're not paid until they win your case. Different lawyers have different pricing models and it's a good idea to inquire about their fee structure prior to agreeing to represent you. Whatever type of personal injury case you are facing, your lawyer will need to prove 4 key elements that include breach of duty and causation, as well as damages. They must demonstrate that the other person or company was obligated to act in a particular way, they failed to do so and this caused you harm/injuries. They must demonstrate that you suffered damages including medical bills, lost wages and property damage, and that they were directly caused by your injuries. Then, they will need to convince the jury that you are entitled to a fair settlement for your loss. It is important to realize that the vast majority (if not all) of personal injury cases are settled outside of court through an agreement. It's generally quicker and less risky than going to trial. Your NYC personal injury lawyer will be prepared to take on trial in order to get the best possible outcome for you.