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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those who's lives have been affected by car accidents, medical errors or workplace injuries. They help them recover the financial compensation they deserve for their injuries and losses. Your lawyer will request documents such as police or accident reports; medical bills and records; employment and school information, and any other documentation that is relevant. Liability Analysis A personal injury lawyer will initially determine the basis of liability. It depends on the incident type and the facts involved. The three most common theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. Negligence claims stem from the defendant's failure to act with the same degree of care and prudence that a reasonable person would in similar circumstances. Examples of negligent actions include driving while impaired by drugs or alcohol recklessness, failure to use safety equipment, and not keeping roads in good condition. If the attorney believes that the party responsible for the fault could be held responsible, they will begin negotiating an agreement on financial terms. This may involve providing evidence to the insurance company, such as medical records, police reports and witness statements. They will also gather information regarding the injured party's future medical expenses as well as lost wages and other damages. In many instances, insurance companies will settle for an amount that is fair. If not the lawyer will prepare for trial by filing a lawsuit against the responsible party and ensuring all evidence is ready to be presented before the court. They will also inform their client of any witnesses they intend to interview and could also employ an experts to explain aspects of the case they are unable to explain on their own. Personal injury attorneys will attend mediation before a trial to negotiate a settlement 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 in court, bringing the appropriate pleadings, motions and petitions with them. Before making a decision take the time to compare the track record, success rate and fees of any personal injury lawyers you are considering. You Tube can ask friends, family members or coworkers for recommendations or consider a lawyer referral service that is provided by your bar association. These services will pair you with lawyers that have experience in the area of law you need and who meet certain requirements. Discovery Personal injury cases that go to trial include the process of discovery. This is the time that the parties involved in a case have to provide evidence and information. In some cases, this may result in a settlement which will end legal proceedings. In other cases it can lead to the case being decided in the court of law by a judge or jury. In personal injury cases, a significant part of the process of discovery is gathering evidence to prove that the injuries and accident were caused by another party. This can include anything from medical bills and documents, photographs of the accident scene, and even video footage. In certain instances expert testimony could be required to prove an assertion. During the discovery stage, your attorney will ask you for any documents you have in your possession that pertain to the case. Your lawyer could request copies of your insurance policies, the names and contact information of any person involved in the accident or any other evidence of income loss. Interrogatories are written questions that you must answer under an oath. They could ask you questions about any health insurance coverage you have, the deductibles of these policies, as well as other relevant information. Depositions are another process where the defense attorney takes your testimony under oath about the circumstances of the accident or your injuries. Your lawyer will prepare you for the deposition in order to ensure that you feel confident. It is important to be honest throughout the discovery process. If you conceal any information from your attorney, it could affect your case. If you do not divulge a medical condition that is preexisting and your injuries get worse and you are affected by the amount money that you receive. The majority of Manhattan personal injury lawyers operate on a contingency basis, meaning they will not charge you any fees until they win your case. It is crucial to discuss the billing process with your lawyer prior to making a decision to hire them. Mediation The majority of personal injury cases are resolved through mediation, rather than through litigation. Litigation involves taking a case to court and a judge or jury decides the outcome. Mediation, on the other hand, allows parties to reach a mutually agreeable settlement with the assistance of an impartial third party, referred to as mediator. It is usually less expensive and faster than going to court. The purpose of mediation is to bring both sides to agree on a settlement that everyone can live with. A good personal injury attorney will know how to structure the settlement so that the client receives an equitable amount of compensation. They will also be able to negotiate with the insurance company to get the best possible outcome. In mediation, both plaintiff and defense will have the opportunity to present their opening statements. The defense will try to discredit any claims made by the plaintiff, citing independent medical examination findings or disputing the accident account. The defense will also explain why they consider the claim lower than the amount requested by the plaintiff's lawyer. 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 personal injury lawyer for the plaintiff will discuss their negotiating moves with the defense attorney in an effort to convince them that the case is worth more than the amount they're offering. Some insurance companies offer low-cost offers at mediation to see what the lawyer for 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-ball offer. It is important that a personal injuries lawyer is prepared for mediation prior to going to court. The insurance company can use this to their advantage when they're not prepared, and can intimidate the lawyer to accept a low-ball offer. Your personal injury lawyer will use this information to improve the outcome of your case if you're 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 trial. The process could take a few months. Your attorney will gather evidence like police reports, CCTV footage and medical and insurance documents. They may also employ experts to determine the source of your injuries and to evaluate the damages you have suffered. A jury or judge decides whether you're entitled to damages, and how much compensation you are entitled to and if you are able to sue the responsible party. In a personal injury lawsuit, this can include the compensation for physical suffering and pain, permanent disability, loss of enjoyment of life emotional distress, lost wages and more. The majority of personal injury attorneys are on a contingent basis, meaning that they're not paid until they succeed in winning your case. Different lawyers use different pricing structures, so it's best to ask them about their fees before deciding to represent you. Your lawyer must prove four key elements regardless of the kind of case you're trying to resolve: duty, breach of duty, causation, and damages. They will need to show that the other party or business was obligated to you to behave in a particular way, but failed to do so. The result was that you suffered injuries or harm. They must demonstrate that their injuries caused you to incur damages such as medical bills, lost wages, or property damage. Then, they'll need to convince the jury that you are entitled to an appropriate settlement for your loss. It is important to recognize that the vast majority of personal injury cases settle out of court by settling. It is generally faster and less risky than going to trial. However it is important to note that your NYC personal injury lawyer will be ready to bring your case to trial if needed to ensure the best outcome for you.