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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who have been affected by accidents in the car or medical errors, or workplace injuries. They assist in recovering compensation for any damages. To evaluate the value of your case, your attorney will request documents, including police or accident reports medical bills and records, employment and school information as well as any other relevant documents. Liability Analysis When a personal injury lawyer takes on a case, they start by determining the theories of responsibility. It is determined by the nature of accident and the particular facts involved. In personal injury cases the three most commonly used theories are strict liability, negligence and breach of warranty. Negligence claims arise when a defendant fails perform the same amount of care and prudence as a reasonable person in similar circumstances. Examples of negligent conduct include operating a motor vehicle under the influence of drugs or alcohol, reckless driving, inability to use the proper safety equipment and failing to ensure that roads are in good working order. If the attorney believes that the party responsible for the fault could be held accountable and they begin to negotiate an agreement for financial settlement. This could include 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 future medical expenses as well as lost wages and other damages. In many cases, an insurance company will agree to settle for an acceptable amount. If not, the insurance company will prepare for trial and file a lawsuit against the responsible party. He will also ensure that all evidence is prepared to present in court. They will also inform their client about any witnesses they intend to contact, and they may hire an expert witness to explain the details they are not able to describe themselves. Before a trial begins the personal injury lawyer will usually attend mediation with the representative of the insurance company and their client in order to negotiate a settlement. If there is no settlement, the attorney will be ready to present their client's case in court, bringing the appropriate motions, pleadings and petitions along with them. If you are thinking of hiring a personal injury lawyer, you should compare their experiences, success rates, fees and more before deciding. Ask family members, friends or colleagues to recommend a lawyer or look into the lawyer referral service offered by your bar. These services will connect you with lawyers who have experience in the field of law you are interested in and meet a set of criteria like being an active member of the state bar and having a an established track record of happy clients. Discovery All personal injury cases that go to trial include a process called discovery. This is the time that both parties in a case are required to share information and evidence. In some cases, this could lead to a settlement being reached, which will stop the legal process. In other cases it could lead to the case being decided in the courts of law by a judge or jury. In personal injury cases, a significant part of the investigation process involves gathering evidence to establish that the injury and accident were caused by another person. This could include anything from medical bills and documents, photographs of the scene of the accident, and even video footage. In certain instances expert testimony might be required to prove the claim. During the discovery phase, your lawyer will request any documents in your possession that relate to the case. For example, your lawyer will request copies of any insurance policies you are currently enrolled in as well as the names of anyone who was a victim of the incident, and any other evidence of loss of income. Interrogatories are written questions to which you must respond under the oath. These questions may be related to your health insurance, the deductibles of the policies, or other pertinent information. There is also a procedure called depositions, and it involves the defense attorney taking your testimony under oath concerning the facts of the accident and the injuries you sustained. Your lawyer should collaborate with you to prepare you for your deposition, so that you are confident going into the session. It is essential to be honest during the discovery process. Do not divulge any information to your lawyer. It could hurt your case. For example, if you do not reveal that you suffer from a preexisting condition, and that condition is made worse by your injuries, it can affect the amount you receive in a settlement. Most Manhattan personal injury lawyers are on a contingent basis, meaning they don't charge any fees until they have won your case. It is nevertheless important to discuss billing arrangements with the attorney you're considering before you choose 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 is required to determine the outcome. Mediation, on the other hand allows parties to reach a mutually agreeable settlement by utilizing an impartial third party, referred to as mediator. It's generally cheaper, quicker and more collaborative than a trial. The goal of mediation is to get both parties to agree on a settlement that they both can accept. A competent personal injury lawyer will know how to structure an agreement that provides the client with a fair amount of compensation. They will also be able work with the insurer to ensure the best outcome. Both the plaintiff and the defense will be able to make their opening statements at mediation. The defense will try to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident report. The defense will also try to explain that their assessment of the claim is less than what the attorney for the plaintiff requested. The mediator will then separate the two parties into separate rooms following the opening statements. The mediator will then move back and forth, transferring information from one room to the next. The lawyer representing the plaintiff will speak to the defense attorney about their negotiation strategies, and attempt to convince them that they are worth more than the offer. Certain insurance companies make low 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 will accept their low-ball offer. This is why it's important that an attorney for personal injury is well prepared for mediation before attending it. Insurance companies will use this to their advantage when they're not prepared, and can intimidate the lawyer to accept a low-ball offer. If you're ready for mediation, however, your personal injury lawyer can leverage this information to improve your outcome. This can save time and money. It could even save you from having to go to trial at all. Trial Your personal injury lawyer will prepare for trial following a thorough investigation. This process can take several months. Your attorney will gather evidence, such as police reports, CCTV footage medical and insurance records. They may also hire experts to determine the cause of the injury and to determine the extent of damage. A jury or judge will decide if the party responsible is at fault, as well as how much compensation you are entitled to and for what damages you are entitled. In a personal injuries case, compensation can be given for physical discomfort and pain, permanent disability, emotional stress loss of enjoyment of life, and loss of earnings. Most personal injury attorneys are contracted on a contingency basis, which means they are not paid until they are successful in settling your case. Different lawyers have different pricing structures which is why it's important to ask them about their fee structure before signing a contract to represent you. Your lawyer must prove four key elements regardless of the kind of case you're trying to resolve the following: breach of duty, causation and damages. They will need to show that the other party, or company had a legal obligation to you to act in a particular way, but failed to do so. You Tube was that you suffered injuries or harm. They must prove that your injuries caused you to incur injuries, such as lost wages and medical bills, or property damage. They must then convince jurors that you have a right to compensation for your losses. It is crucial to understand that the majority (if not all) of personal injury cases are settled out of court by a settlement. It is usually quicker and less risky than going to trial. Your NYC personal injury lawyer will be prepared to go to trial to ensure the best outcome for you.