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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who's lives were disrupted by accidents in the car, medical errors or workplace injuries. They assist them in obtaining compensation for the 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 an attorney for personal injury takes on a case, they start by determining the basis of responsibility. This is based on the nature of accident and the specific circumstances involved. In personal injury cases the three most commonly used theories are strict liability and negligence, as well as breach of warranty. Negligence claims stem from a defendant's failure to exercise the same level of care and caution that a reasonable person would under similar circumstances. Examples of negligent acts include operating a motor vehicle while under the influence of drugs or alcohol reckless driving, a inability to use the proper safety equipment, and failing to ensure that roads are in good condition. If they believe that the responsible party is liable, the attorney will start discussions to negotiate a financial settlement. It could be necessary to provide evidence, including medical records, police reports and witness statements, to the insurance company. They may also collect information regarding the injured party's future medical expenses, lost wages and other damages. In most instances, the insurance company will accept a fair settlement. If not, the insurance company will prepare for trial and file a lawsuit against the responsible party. He will also make sure that all evidence is ready to present in the court. They will also inform the client of witnesses they plan to interview, and could hire an expert witness to explain certain aspects they are unable to explain themselves. Personal injury lawyers are required to participate in mediation prior to a trial to negotiate an agreement with their client and the representative of the insurance company. If no settlement is reached the attorney will be prepared to present their client's case to the court, bringing the appropriate documents, such as motions, and pleadings with them. Before you make a decision consider the experience, success rate and costs of any personal injury lawyer you are considering. You can ask friends and family members, or colleagues for recommendations or consider a lawyer referral service that is provided by your bar association. These services can connect you with lawyers that are experienced in the area of law you require and who meet certain criteria. Discovery All personal injury cases that go to trial are subject to the process of discovery. It is a time in which both parties involved in the case are required to share information and evidence with each other. In some cases, this could result in a settlement reached, which will conclude the legal process. In some cases, this may lead to a settlement being reached that will end the legal proceedings. In personal injury cases, a large part of the investigation process involves gathering the evidence necessary to prove that the accident and injuries resulted from the negligence of another person. This can range from medical documents and bills to photographs of the accident site and video footage. In some cases, expert witness testimony may be required to back the claim for damages. During the discovery phase, your attorney will ask you for any documents you may have in your possession that are relevant to your case. For example, your lawyer will request copies of any insurance policies you have in effect as well as the names of anyone who was a victim of the accident, as well as any other evidence of loss of income. Interrogatories are written queries to which you have to respond under the oath. These might be questions regarding any health insurance coverage you have, the deductibles for these policies, as well as other relevant details. There is also a procedure known as depositions, which entails the defense attorney taking your testimony under oath about the details of the incident and the injuries you sustained. Your lawyer will prepare your deposition to make sure you are comfortable. It is crucial to remain honest throughout the discovery process. Keep any information you have from your lawyer. It can hurt your case. For instance, if do not disclose that you have a preexisting condition, and that condition is aggravated by the injuries you sustained, it could significantly impact the amount you receive in settlement. Most Manhattan personal injury attorneys work on a contingent basis, which means they will not charge you any fees until they win your case. It is essential to discuss the billing process with your attorney prior to making a decision to hire them. Mediation Mediation is the preferred method of settling most personal injury cases. Litigation involves taking a case to court where a judge or jury decides the outcome. Mediation allows parties to reach a settlement with the assistance of an impartial third party, called a mediator. It's generally cheaper, quicker and more tolerant than a trial. The purpose of mediation is to get both parties to reach an agreement on a settlement that they can all accept. A good personal injury attorney will know how to structure the settlement in order that the client gets an amount that is fair. They will also be able work with the insurer to achieve the best possible outcome. Both the plaintiff and the defense will be able to present their opening statements at mediation. The defense will try to discredit any claims made by the plaintiff using independent medical examination findings or denying the accident account. The defense will also explain that their estimate of the claim is lower than what the attorney for the plaintiff requested. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then move back and forth between the rooms, transferring information from one side to the other. The plaintiff's personal injury lawyer will discuss their negotiation strategy with the defense attorney and try to convince them that the case is worth more than what they're offering. Some insurance companies will offer low-ball mediation offers to determine what the lawyer for the plaintiff's attorney will do. They want to see whether the lawyer representing the victim is afraid of going to court and accept their low offer. It is essential that a personal injuries lawyer is prepared for mediation prior to going to court. You Tube will profit from this when they're not prepared, and may entice the lawyer to accept a lower-cost offer. If you're willing to go through mediation, however your personal injury lawyer can utilize that information to improve your outcome. This can save time and money. And it could even stop you from going to trial in the first place. Trial After an extensive investigation, your personal injury lawyer will prepare to trial. This could take months. Your lawyer will gather evidence like police reports, CCTV footage and medical and insurance documents. They can also engage experts to determine the root of your injuries and to evaluate the damages you have suffered. A jury or judge decides if you are entitled to damages, and how much compensation you should receive and if you have the right to sue the responsible party. In a personal injury lawsuit it could be compensation for physical pain and suffering, permanent impairment loss of enjoyment life emotional distress, lost wages, and much more. Most personal injury attorneys are contracted on a contingency basis, meaning that they're not paid until they win your case. Different lawyers use different pricing methods, so it's best to inquire about their fee structure before signing a contract 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 show that the other party or company was obligated to you to act in a specific manner, but did not follow through. The result was injury or harm to you. They will have to demonstrate that their injuries resulted in expenses like lost wages and medical bills, or property damage. Then, they will need to convince the jury that you are entitled to an appropriate settlement for your losses. It is important to know that the majority (if not all) of personal injury cases are settled out of court by an agreement. Settlements tend to be quicker and less risky than trials. Your NYC personal injury attorney will be ready to take on trial in order to get the best possible outcome for you.