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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who have been affected by car accidents or medical mishaps, as well as workplace injuries. They assist them in obtaining the financial compensation for the losses and damages. To determine 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 an attorney for personal injury takes on a case, they start by determining the basis of liability. It is determined by the nature of accident and the particular facts involved. In personal injury cases, the three most common theories are strict liability and negligence, as well as breach of warranty. Negligence claims stem from the defendant's failure to exercise the same level of care and prudence that reasonable people would exercise under similar circumstances. Examples of negligent actions include driving impaired by drugs or alcohol, recklessness, failure to wear safety equipment, and not keeping roads in good condition. If the attorney believes that the person responsible can be held responsible then they will begin negotiations for an agreement for financial settlement. This could include presenting evidence to the insurance company such as medical documents, police reports and witness statements. They may also gather information about the injured party's medical expenses in the future or lost wages, as well as other damages. In many cases, an insurance company will agree to settle for an acceptable amount. If not, the attorney will prepare for trial by filing an action against the responsible party and ensuring all evidence is prepared to be presented before the court. They will inform their client of any witnesses they intend to interview, and could engage an expert witness to explain aspects that they cannot explain by themselves. Before the trial begins the personal injury attorney typically attends mediation with the representative of the insurance company and their client to try to reach a settlement. If a settlement cannot be reached, the attorney will be ready to present his client's case in the court of law, bringing all necessary motions and pleadings. Before making a choice take the time to compare the experience, success rate and fees of any personal injury lawyer you are contemplating. You can ask your friends family members, coworkers or even your own parents for recommendations, or you can look into the lawyer referral service which is managed by your bar association. These services can match you with lawyers who are skilled in the field of law you are interested in and meet certain criteria like being an active member of the state bar or having a an established track record of happy clients. Discovery All personal injury cases that go to trial require the process of discovery. This is the time that both parties in a case have to share information and evidence. In certain cases, this may result in a settlement reached, which will conclude the legal proceedings. In other instances it can lead to the case being decided in the court of law, either by the judge or jury. In personal injury claims the majority of the investigation involves obtaining the evidence required to establish that a different party was responsible for the incident and the injuries that resulted from it. This could include anything from medical documents and bills to photographs of the accident site and video footage. In some cases expert witness testimony might be needed to support the claim for damages. During the discovery phase, your attorney will ask you to provide any documents you may have in your possession that are relevant to the case. Your lawyer may ask for copies of your insurance policies as well as the names and contact information of anyone involved in the accident, or other documentation that proves the loss of income. Interrogatories are written questions to which you have to respond under oath. These might be questions regarding the health insurance you have, the deductibles on the policies, or other relevant details. There is also a procedure called depositions, which involves the defense attorney taking your testimony under oath about the circumstances of the accident and your injuries. Your lawyer should work closely with you to prepare for your deposition to ensure you feel confident going into the session. It is crucial to remain truthful during the discovery process. If you conceal any information from your attorney, it could affect your case. For instance, if you do not disclose that you have a preexisting condition, and that condition is made worse by the injuries you sustained, it could affect the amount you receive in settlement. The majority of Manhattan personal injury attorneys are on a contingent basis, meaning they don't charge any fees until they have won your case. It is important to discuss the billing arrangement with your attorney before making a decision to hire them. Mediation Mediation is the preferred method of settling the majority of personal injury cases. Litigation is the process of bringing a case before a court where a judge is required to determine the outcome. Mediation allows parties to come to an agreement with the help of an impartial third party, called mediator. It's generally cheaper, quicker, and more cooperative than a trial. The aim of mediation is to bring both sides to agree on a settlement amount that everyone can accept. An experienced personal injury lawyer will know how to structure the settlement in order that the client receives an amount that is fair. They will also be able negotiate with the insurance company to achieve the best possible outcome. Both the plaintiff and defense will be able to 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 disputing the accident account. The defense will also discuss why they believe the claim is lower than the amount requested by the plaintiff's lawyer. After the opening statements, the mediator will break the two parties into separate rooms. Chula Vista injury attorneys will then move between rooms, passing information from one room to the next. The personal injury lawyer for the plaintiff will discuss their negotiating moves 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 see what the lawyer representing the plaintiff will do. They want to know whether the lawyer representing the victim is afraid of going to trial and will accept their low offer. This is why it's vital that an attorney for personal injury is prepared for mediation prior to attending. If they're not, the insurance company can profit by intimidating the lawyer to accept their low offer. Your personal injury lawyer will use this information to help improve the outcome of your case if willing to go through mediation. This will save you time and money in the long in the long run. You might not need to appear in court. Trial After a thorough investigation, your personal injury lawyer will prepare to trial. This can take months. Your attorney will collect evidence, including police reports, CCTV footage, medical and insurance documents. They may also hire experts in order to determine the cause of the injury and to evaluate damages. A judge or jury decides whether you're entitled to damages, how much compensation you are entitled to and if you have the right to sue the party responsible. In a personal injury case, this can include the payment of physical pain and suffering, permanent disability loss of enjoyment life emotional distress, loss of wages and more. The majority of personal injury lawyers work on a contingency basis that means they don't get paid unless they prevail in your case. Different lawyers use different pricing structures, so it's best to inquire about their fee structure prior to agreeing to represent you. Regardless of the kind of personal injury case you are facing the lawyer you hire will have to prove four essential elements which are breach of duty, duty, causation and damages. They must prove that the other person or company owed you a duty to act in a certain way, but they didn't do it and that caused you harm or injury. They must show that the injuries you suffered caused you to suffer injuries, such as lost wages and medical bills or property damage. They will then have to convince the jury that you are entitled to an appropriate settlement for your losses. It is important to realize that the majority (if not all) of personal injury cases are settled out of court by an agreement. Settlements are generally quicker and less risky than trial. However you should know that your NYC personal injury lawyer will be ready to bring your case to trial should you need to ensure the best outcome for you.