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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives are disrupted by accidents in the car or medical errors, or workplace injuries. They assist in recovering compensation for the damages. To determine the value of your case Your attorney will ask for documents such as accident or police reports medical bills and records, employment and school information, as well as any other pertinent documentation. Liability Analysis When an attorney for personal injury takes 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. The three most commonly used theories of liability in personal injury cases are negligence, strict liability and breach of warranty. The basis for negligence claims is a defendant's failure to act with the level of care and prudence that an average person would have under similar circumstances. Examples of negligent actions include driving while under the influence of drugs or alcohol reckless driving, a failure to use appropriate safety equipment, and failing to ensure roadways are in good condition. If the attorney believes the person responsible can be held accountable and they begin to negotiate a financial agreement. It could be necessary to provide evidence, such as medical records, police reports and witness statements to the insurance company. They may also gather information regarding the injured party's medical expenses in the future, lost wages, and other damages. In most instances the insurance company will agree to an equitable settlement. If not, the insurance company will prepare for trial and file a lawsuit against responsible party. He will also make sure that all evidence is prepared for court. They will also inform their client about any witnesses they intend to interview, and could engage an expert witness to explain aspects that they cannot describe themselves. Personal injury lawyers are required to participate in mediation prior to a trial to negotiate an agreement with their client and the representative from the insurance company. If no settlement is reached, the lawyer will be prepared to present their client's case in court, bringing the appropriate documents, such as motions, and pleadings with them. If you're thinking of hiring an attorney for personal injury it is important to compare their expertise, success rate and fees before making a decision. You can ask your friends, family members or coworkers for recommendations or look into a lawyer referral service that is provided by your bar association. These services can match you with lawyers who are skilled in the field of law you are interested in and who meet certain requirements, such as being an active member of the state bar and having a the track record of having satisfied clients. Discovery Personal injury cases that go to trial have a process called discovery. It is a time during which both parties in the case are required to share evidence and information with each other. In certain cases, this may result in a settlement reached, which will conclude the legal process. In certain instances, this could result in a settlement being reached, which will stop the legal proceedings. In personal injury claims there is a significant portion of the discovery involves gathering the evidence required to show that a third party was responsible for the accident and injuries that resulted from it. This could include anything from medical bills and documents, photographs of the scene of the accident and even video footage. In You Tube might be required to back the claim. During the discovery phase, your attorney will request any documents you may have in your possession that relate to the case. For example the lawyer will ask for copies of any insurance policies you are currently enrolled in and the names of any person who was a victim of the accident, and any other evidence of loss of income. Interrogatories are written questions to which you have to respond under an oath. These might be questions regarding the health insurance coverage you have, the deductibles of these policies, as well as other relevant information. There is also a process known as depositions, which entails the defense attorney giving your testimony under oath about the circumstances of the accident and your injuries. Your lawyer will work closely with you to prepare you for your deposition to ensure that you are confident going into the session. It is important to remain honest during the discovery process. Do not divulge any information to your lawyer. It could hurt your case. For instance, if you do not reveal that you suffer from an existing medical condition, and it is worsened by the injuries you sustained, it could affect the amount you receive in settlement. The majority of Manhattan personal injury lawyers work on a contingency basis, meaning they will not charge you any costs unless they win your case. However, it is important to discuss billing plans with the attorney you're considering prior to hiring them. Mediation Mediation is the preferred method of settling the majority of personal injury cases. Litigation is the process of taking an issue before a court where a judge will decide the outcome. Mediation is, on the other hand allows parties to reach an agreement on a mutually beneficial settlement with the help of a neutral third party called mediator. It's usually cheaper, quicker, and more cooperative than a trial. The purpose of mediation should be to get both parties to agree on a settlement that they can live with. A skilled personal injury lawyer will be able to craft a settlement that will provide the client with a fair amount of compensation. They will also be able to negotiate with the insurance company to achieve the best possible outcome. Both the plaintiff and defense will be able to present their opening statements during mediation. The defense will try to discredit any claims made by the plaintiff by citing independent medical exam findings or disputing the accident account. The defense will also argue why their valuation of the claim is lower than the amount that the plaintiff's lawyer requested. After the opening statements The mediator will then break the two parties into separate rooms. The mediator will then go between the rooms, passing information from one side to the other. The plaintiff's lawyer will talk to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than what they are offered. Certain insurance companies make low offers at mediation to see what the plaintiffs' lawyer will do. They want to know whether the victim's lawyer is afraid of going to trial and take their low offer. This is the reason it's crucial that an attorney for personal injury is prepared for mediation before they attend. If they're not prepared, the insurance company may use that to their advantage by persuading the lawyer into accepting their low offer. If you're ready for mediation, however your personal injury lawyer can use that information to improve your outcome. This will save you time and money in the long in the long run. And it may even prevent you from going to trial altogether. Trial Your personal injury lawyer will prepare for trial following a an extensive investigation. This could take months. Your attorney will gather evidence, such as police reports, CCTV footage as well as medical and insurance documentation. They may also hire experts to determine the cause of your injuries and assess your damages. A judge or jury will decide if the responsible party is at fault, how much compensation you are entitled to and the amount to which you are entitled. In a personal injury case you may be awarded compensation for physical pain and discomfort as well as permanent disability, emotional anxiety loss of enjoyment of life, and loss of earnings. Most personal injury lawyers work on a contingency basis which means that they don't get paid unless they win your case. However, different lawyers follow various pricing models so it is best to inquire about their fee structure before agreeing to representation. Your lawyer must demonstrate four essential elements regardless of the type of case you're trying to resolve the following: breach of duty, causation, and damages. They will have to demonstrate that the other party or company had a duty to you to behave in a specific manner and failed to do so. The result was that you suffered injuries or harm. They must prove that your injuries resulted in injuries, such as lost wages and medical bills or property damage. They will then have to convince jurors that you have a right to compensation for your losses. It is important to know that the vast majority (if not all) of personal injury cases are settled out of court by an agreement. It's generally quicker and less risky than going to trial. However it is important to note that your NYC personal injury lawyer will be able to take your case to trial should you need to secure the best possible outcome for you.