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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those whose lives have been disrupted by accidents in the car, medical errors or workplace injuries. They assist in recovering compensation for any damages. Your attorney will request documents such as police or accident reports, medical bills and records; employment and school information, and any other relevant documentation. Liability Analysis When a personal injury lawyer decides to take on a case, they start by determining the basis of the liability. It is determined by the nature of accident and the particular facts involved. In personal injury cases the three most popular theories are strict liability as well as negligence and breach of warranty. The basis for negligence claims is the defendant's inability to act with the same degree of care and prudence a reasonable person would under similar circumstances. Examples of negligent actions include driving while under the influence of drugs or alcohol, reckless driving, failure to use appropriate safety equipment, and failing to ensure that roads are in good order. If the attorney believes the party responsible for the fault could be held responsible then they will begin negotiations for an agreement on financial terms. This could involve presenting evidence to the insurance company such as medical records, 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, an insurance company will settle for an amount that is fair. If not the lawyer will prepare for trial by filing an action against the responsible party and ensuring all evidence is prepared to be presented in court. They will also inform their client of any witnesses they intend to interview and could also employ an expert witness to describe aspects of the case they are unable to explain on their own. Before a trial starts, the personal injury attorney will usually attend mediation with the representative of the insurance company and their client to try to negotiate an agreement. If there is no settlement the attorney will be prepared to present their client's case in court, bringing appropriate pleadings, motions and petitions together. If you are thinking of hiring an attorney for personal injury, you should compare their experience, success rate, fees and more before making a decision. You can ask friends, family members or coworkers for recommendations or consider the services of a lawyer referral program that is provided by your bar association. These services will match you with lawyers who are experienced in your area of law and meet certain criteria for example, being a member of the state bar or having a an established track record of happy clients. Discovery All personal injury cases that go to trial involve the process of discovery. This is the time that both parties in a case must exchange information and evidence. In some cases, this may result in a settlement which will put an end to legal proceedings. In some cases, this may result in a settlement being reached, which will stop the legal proceedings. In personal injury lawsuits 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 records and bills to photos of the site of the accident as well as video footage. In some cases expert witness testimony might be needed to support the claim for damages. During the discovery phase, your lawyer will request any documents you have in your possession that pertain to the case. For example the lawyer will ask for copies of any insurance policies that you have in effect as well as the names of anyone who was involved in the incident, and any other evidence of lost income. Other requests may include interrogatories which are written questions that you have to answer under oath. These could be questions about the health insurance coverage you have, the deductibles for these policies, as well as other relevant details. There is also a process known as depositions, which entails the defense attorney taking your testimony under oath concerning the circumstances of the accident and the injuries you sustained. Your lawyer will prepare you for the deposition to ensure you feel comfortable. It is essential to be honest during the discovery process. If you conceal any information from your attorney, it could affect your case. If you do not disclose a preexisting medical condition and your injuries get worse the chances are that you will be affected by the amount of the money you receive. The majority of Manhattan personal injury attorneys are on a contingent basis, which means they don't charge any fees until they win your case. It is essential to discuss the billing structure with your attorney before hiring them. Mediation Mediation is the preferred method of resolution for the majority of personal injury cases. Litigation is the process of taking the case to court, where a judge will decide the outcome. Mediation however, allows parties to reach an agreement on a mutually beneficial settlement with the assistance of an impartial third party, referred to as mediator. It is generally less expensive, faster and more cooperative than going to court. The goal of mediation is to get both parties to agree on an amount for settlement that they can all live with. A good personal injury attorney will know how to structure the settlement in order that the client receives an amount that is fair. They'll also be able to negotiate with the insurance company to get the best possible result. Both the plaintiff and the defense can make their opening statements at mediation. The defense will attempt to discredit any claims made by the plaintiff by citing independent medical exam findings or disputing the accident account. Compton injury lawsuit will also provide reasons why they believe the claim is lower than the amount sought by the lawyer representing the plaintiff. The mediator will then split the two parties in separate rooms following the opening statements. The mediator will then move back and forth, passing information from one room to the next. The plaintiff's personal injury lawyer will discuss their negotiation strategies with the defense attorney, trying to convince them that the case is worth more than the amount they're offering. Certain insurance companies will make low-ball offers at mediation to see what the lawyer representing the plaintiff will do. They want to find out if the victim's lawyer is afraid of going to trial and will accept their low offer. It is crucial that a personal injury lawyer is prepared for mediation prior to going to court. The insurance company can make use of this advantage in the event that they aren't prepared, and may entice the lawyer into accepting a low-ball offer. Your personal injury lawyer will make use of 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 run. You might not even need to go to court. Trial After an extensive investigation, your personal injury lawyer will prepare to go to trial. This can take a few months. Your attorney will gather evidence such as police reports, CCTV footage and medical and insurance papers. They may also hire experts to determine the root of your injuries and assess your damages. A jury or judge will determine if the responsible party is to blame, how much compensation you are entitled to and what damages you are entitled. In a personal injury case, this can include the compensation for physical suffering and pain permanent impairment, loss of enjoyment of life emotional distress, lost wages, and much more. The majority of personal injury lawyers are on a contingent basis, which means they are not paid until they are successful in settling your case. Different attorneys use different pricing methods which is why it's important to ask them about their fee structure before signing a contract to represent you. Regardless of the type of personal injury case you have the lawyer you hire will have to prove 4 key elements that include breach of duty and causation, as well as damages. They will need to show that the other person or firm owed you a duty to act in a certain way, but they did not perform their duty and caused injury or harm to you. They must prove that you suffered damages like medical bills, lost wages and property damage and that they were directly caused by your injuries. They will then have to convince the jury that you deserve an equitable settlement for your loss. It is important to recognize that the vast majority of personal injury cases settle out of court through a settlement. It is usually quicker and less risky than going to trial. Your NYC personal injury lawyer will be prepared for trial to get the best possible outcome for you.