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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who have been affected through car accidents, medical mistakes or workplace injuries. They help them obtain the financial compensation for damages and losses. To evaluate the value of your case, your attorney will request documents, including police or accident reports medical bills and documents, school and employment information as well as any other relevant documentation. Liability Analysis A personal injury lawyer will initially determine the legal basis for responsibility. It is determined by the nature of accident and the specific circumstances involved. In personal injury cases the three most popular theories are strict liability and negligence, as well as breach of warranty. Negligence claims are based on the defendant's inability to exercise the same level of care and prudence that reasonable people would exercise in similar circumstances. Examples of negligent conduct include driving while under the influence of alcohol or drugs reckless driving, a failure to use appropriate safety equipment, and failing to ensure that roads are in good working order. If the attorney believes that the party at fault can be held responsible then they will begin negotiations for an agreement on financial terms. This may involve giving evidence to the insurance company, such as medical records, police reports or witness statements. They will also gather details about the injured person's future medical expenses or lost wages, as well as other damages. In many instances, insurance companies will agree to settle for an acceptable amount. If not the lawyer will prepare for trial by filing a lawsuit against the responsible party and making sure all evidence is prepared to be presented in court. They will also notify their client of any witnesses they plan to call and may hire experts to explain aspects of the case that they are unable to explain on their own. Personal injury lawyers are required to participate in mediation prior to a trial to attempt to reach an agreement with their client and the representative from the insurance company. If a settlement is not reached, the attorney will be prepared to present his client's case in the court of law by bringing all necessary motions and pleadings. Before you make a decision consider the experience, success rate and fees of personal injury lawyer you are considering. You can ask friends, family members or coworkers for recommendations or look into the lawyer referral service which is managed by your bar association. These services will match you with lawyers who are skilled in your field of expertise and meet a set of criteria, such as being an active 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 both parties in a case are required to share information and evidence. In some cases, this could result in a settlement reached, which will conclude the legal proceedings. In other cases it could lead to the case being settled in a court of law by jurors or judges. In personal injury cases, a large part of the investigation process is gathering evidence to establish that the accident and injuries were caused by another person. This could include anything from medical documents and bills to photographs of the scene of the accident and video footage. In certain cases expert witness testimony could be required to prove a claim for damages. During the discovery stage, your attorney will ask you to provide any documents you have in your possession that relate to your case. For instance, your lawyer will request copies of any insurance policies you are currently enrolled in and the names of any person who was involved in the incident, and any other evidence of lost income. Other requests will include interrogatories which are written questions you have to answer under oath. They could ask you questions about the health insurance you have, the deductibles for these policies, as well as other pertinent information. Depositions are another method where the defense attorney is able to take your testimony under oath concerning the circumstances of the accident or your injuries. Your lawyer will prepare you for the deposition to ensure you feel comfortable. It is essential to be honest throughout the discovery process. Hide any information from your lawyer. youtube.com could hurt your case. If you don't disclose a preexisting medical condition and your injuries get worse the chances are that you will be affected by the amount of money that you receive. The majority of Manhattan personal injury attorneys are on a contingent basis, meaning they will not charge you any fees until they have won your case. However, it is important to discuss billing arrangements with the lawyer you are considering before you choose 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 is a way for parties to come to an agreement with the assistance of an impartial third party called a mediator. It's usually less expensive, quicker, and more cooperative than a trial. The goal of mediation should be to help both parties agree on an amount for settlement that they both can be content with. A good personal injury attorney will be able to structure the settlement so that the client gets an equitable amount of compensation. They will also be competent to negotiate with the insurance company to get the best possible result. Both the plaintiff and 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 disputing the accident account. The defense will also provide reasons why they believe the claim is less than the amount demanded by the plaintiff's attorney. The mediator will then split the two parties into separate rooms after the opening statements. The mediator will then move back and forth between rooms, passing information from one side to the other. The plaintiff's lawyer will talk to the defense attorney about their negotiating strategies, and then try to convince them that they are worth more than the amount offered. Some insurance companies will make low-ball mediation offers to determine what the lawyer for the plaintiff will do. They want to see if the victim's attorney is scared of going to court and accept their low offer. It is crucial that a personal injuries lawyer is prepared for mediation prior to going to court. If they're not, the insurance company can profit by persuading the lawyer into accepting their low offer. If you're ready for mediation but not sure how your personal injury lawyer can use the information you have to help improve the outcome. This will save you time and money in the long in the long run. You might not even need to go to court. Trial The personal injury attorney you choose will prepare for trial after a thorough investigation. This could take months. Your attorney will collect evidence like police reports, CCTV footage and medical and insurance papers. They can also employ experts in order to determine the source of the injury and to determine the extent of damage. A judge or jury decides whether you are entitled to damages, how much compensation you should receive and if you are able to sue the party responsible. In a personal injury case this could include compensation for physical pain and suffering, permanent impairment loss of enjoyment life emotional distress, lost earnings and more. The majority of personal injury lawyers work on a contingent basis, which means they are not paid until they succeed in winning your case. Different attorneys use different pricing models, so it's best to ask them about their fee structure prior to agreeing to represent you. Regardless of the type of personal injury case you have, your lawyer will need to prove four essential elements that include breach of duty and causation, as well as damages. They must demonstrate that the other party or company owed you a duty to behave in a specific manner, but didn't do it and that caused you harm or injury. They will need to show that you suffered damages, such as medical bills or lost wages, as well as property damage and that they were directly caused by your injuries. They must then convince the jurors that you deserve compensation for your losses. It is crucial to realize that the majority of personal injury cases settle outside of court by settling. Settlements tend to be quicker and less risky than trial. Your NYC personal injury lawyer will be ready for trial to ensure the best outcome for you.