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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 recover the financial compensation for the losses and damages. Your attorney will ask for documents such as police or accident reports, medical bills and records; school and employment information, as well as any other documentation that is relevant. Liability Analysis When a personal injury lawyer decides to take on an instance, they begin by determining the theories of the liability. This is based on the nature of accident and the specific circumstances. In personal injury cases the three most popular theories are strict liability and negligence, as well as breach of warranty. Negligence claims arise when a defendant does not perform the same amount of care and caution as a reasonable individual in similar circumstances. Examples of negligent actions include driving a vehicle when impaired by alcohol or drugs, recklessness, failure to use safety equipment and not keeping roads in good condition. If the attorney believes that the party at fault can be held responsible and they begin to negotiate an agreement on financial terms. It could be necessary to provide evidence, such as medical records, police reports and witness statements, to the insurance company. They may also collect information about the injured party's future medical expenses or lost wages, as well as other damages. In most cases, the insurance company will negotiate an acceptable 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 in court. They will also notify their client of any witnesses they plan to interview and could also employ an experts to explain aspects of the case that they are unable to explain on their own. Before a trial begins, the personal injury attorney will usually attend mediation with the representative from the insurance company and their client in order to negotiate an agreement. If a settlement isn't reached, the attorney is ready to present his client's case to the court of law by bringing all necessary pleadings and motions. Before making a choice consider the experience, success rate and costs of any personal injury lawyers you are considering. You can ask your friends and family members, or colleagues for recommendations or consider the lawyer referral service which is managed by your bar association. These services will match you with lawyers who are experienced in your field of expertise and meet a set of criteria, such as being a member of the state bar and having a the track record of having satisfied clients. Discovery All personal injury cases which go to trial will involve the process of discovery. It is the time where the parties involved in a case are required to provide evidence and information. In some cases, this may result in a settlement, which will end legal proceedings. In some cases, this may lead to a settlement being reached which will end the legal process. In personal injury cases, a significant part of the investigation process involves gathering the evidence necessary to prove that the injuries and accident were caused by another person. This can be anything from medical bills and records, photos of the scene of the accident, and even video footage. In certain cases expert witness testimony could be needed to support the claim for damages. During the discovery process, your lawyer will also request any documents that you have in your possession or under your control that are relevant to the case. For instance your lawyer may request copies of any insurance policies that you currently have in force as well as the names of anyone who was a victim of the accident, and any other evidence of lost income. Other requests may include interrogatories, which are written questions you must answer under oath. These might be questions regarding the health insurance you have, the deductibles on the policies, or other relevant information. There is also a procedure known as depositions, which entails the defense attorney giving your testimony under oath regarding the details of the incident and the injuries you sustained. Your lawyer should prepare you for the deposition in order to ensure you feel comfortable. It is crucial to be truthful during the discovery process. Hide any information from your lawyer. It could harm your case. If you fail to reveal a preexisting medical condition and your injuries aggravate it the chances are that you will be affected by the amount the money you receive. The majority of Manhattan personal injury attorneys operate on a contingency basis, which means they don't charge any fees until they have won your case. However, it is important to discuss billing structures with the attorney you're considering before you choose them. Mediation Most personal injury cases are resolved through mediation instead of litigation. Litigation is the process of taking a case before a 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 known as mediator. It is usually less expensive and faster than going to court. The goal of mediation is to bring both sides to reach an agreement on a settlement amount everyone can agree to. A good personal injury lawyer will be able to craft an agreement that provides the client with a fair amount of compensation. They'll also be competent to negotiate with the insurance company for the most favorable outcome. Both the plaintiff and the defense can make their opening statements during a mediation. The defense will attempt to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident account. The defense will also provide reasons why they consider the claim lower than the amount requested by the plaintiff's attorney. After the opening statements The mediator will then break the two parties into separate rooms. The mediator will then move back and forth between rooms, passing information from one side to the other. The lawyer for the plaintiff will talk to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than the offer. Some insurance companies make low-ball offers during mediation to determine what the lawyer representing the plaintiff will do. They want to know if the victim's attorney is afraid of going to court and accept their low offer. This is the reason it's crucial that an attorney for personal injury is well-prepared for mediation before attending it. If they're not prepared, the insurance company may use that to their advantage by persuading the lawyer to accept their low offer. Your personal injury lawyer will make use of this information to help improve the outcome of your case if you're willing to go through mediation. This will save you time and money in the long in the long run. It could even save you from going to trial altogether. Long Beach injury lawsuits www.youtube.com After an extensive investigation, your personal injury lawyer will prepare to go to trial. This process can take several months. Your attorney will gather evidence, including police reports and CCTV footage medical and insurance records. They can also engage experts to determine the cause of injury and to evaluate damages. A judge or jury determines whether you're entitled to damages, how much compensation you should receive and if you have the right to sue the party responsible. In a personal injury lawsuit it could be the payment of physical pain and suffering, permanent disability, loss of enjoyment of life emotional distress, lost earnings and more. The majority of personal injury lawyers are on a contingent basis, meaning they are not paid until they succeed in winning your case. Different lawyers have different pricing models and it's a good idea to ask them about their fees before deciding to represent you. Whatever type of personal injury claim you have your lawyer will need to prove four key elements which are breach of duty, duty, causation and damages. They will need to demonstrate that the other party or company was obligated to you to act in a certain manner, but failed to do so. This caused you harm/injuries. They must demonstrate that you suffered damages like medical bills or lost wages, as well as property damage and that these were the direct result of your injuries. They will then have to convince the jury that you are entitled to an appropriate settlement for your losses. It is crucial to understand that the vast majority (if not all) of personal injury cases are settled out of court through the settlement. Settlements are generally quicker and less risky than trial. However you should know that your NYC personal injury lawyer will be prepared to take your case to trial should you need to ensure the best outcome for you.