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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives are disrupted by car accidents, medical mistakes or workplace injuries. They assist them in obtaining the financial compensation for injuries 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 pertinent documentation. Liability Analysis When a personal injury lawyer decides to take on a case, they start by determining the basis of the liability. It depends on the incident type and the facts involved. In personal injury cases the three most commonly used theories are strict liability as well as negligence and breach of warranty. Negligence claims are based on the defendant's failure to act with the level of care and prudence that reasonable people would exercise under similar circumstances. Examples of negligent acts include operating a motor vehicle under the influence of drugs or alcohol, reckless driving, failure to use appropriate safety equipment and failing to ensure roadways are in good order. If they believe that the responsible party could be held accountable then the attorney will begin negotiating an agreement on the financial side. This may involve providing evidence to the insurance company such as medical documents, police reports and witness statements. They may also gather details about the injured person's medical expenses in the future or lost wages, as well as other damages. In many instances, insurance companies will settle for an acceptable amount. If not, the insurer will prepare for trial and file a lawsuit against the responsible party. He will also ensure that all evidence is prepared to present in court. They will also inform their client about any witnesses they intend to call, and may hire an expert witness to discuss certain aspects they are unable to explain themselves. Before a trial begins the personal injury lawyer will usually attend mediation with the insurance company representative and their client to try to reach an agreement. If there is no settlement the attorney will be ready to present their client's case to the court, bringing the appropriate pleadings, motions and petitions together. Before making a decision consider the track record, success rate and fees of any personal injury lawyers you're looking at. Ask your family, friends or colleagues to recommend a lawyer or check out the lawyer referral service run by your bar. These services will match you with lawyers who are skilled in your area of law and who meet certain requirements like being an active member of the state bar and having a an established track record of happy clients. Discovery All personal injury cases that go to trial are subject to the process of discovery. It is a period during which both parties involved 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 proceedings. In other cases it can lead to the case being settled in the court of law, either by a judge or jury. In personal injury claims there is a significant portion of the discovery involves gathering the evidence needed to establish that a different party was responsible for the incident and the injuries that resulted from it. This can include everything from medical bills to documents, photographs of the scene of the accident, and even video footage. In some cases expert testimony could be required to back a claim. During the discovery stage, your attorney will request any documents you may have in your possession that pertain to your case. For example, your lawyer will request copies of any insurance policies that you have in effect as well as the names of anyone who was a victim of the accident, and any other evidence of loss of income. Other requests could include interrogatories that are written questions that you have to answer under oath. These questions could concern your health insurance, the deductibles on the policies, or other relevant information. There is also a process called depositions, which involves the defense attorney giving your testimony under oath about the details of the incident and the injuries you sustained. Your lawyer should prepare you for the deposition in order to ensure you feel comfortable. It is crucial to remain truthful during the discovery process. Do not divulge any information to your lawyer. It can hurt your case. For example, if you fail to declare that you have an existing medical condition, and it is worsened by your injuries, it can significantly impact the amount you receive in a settlement. Most Manhattan personal injury lawyers work on a contingency basis which means they won't charge you any costs unless they win your case. However, it is crucial to discuss billing plans with the attorney you're considering before you choose them. Mediation Most personal injury cases are resolved via mediation rather than litigation. Litigation involves taking a case to court, where a judge or jury decides the outcome. Mediation is, on the other hand allows parties to come to an agreement that is mutually acceptable with the assistance of an impartial third party known as mediator. It's usually less expensive, faster, and more cooperative than a trial. The aim of mediation is to get both parties to agree on an amount for settlement that they can live with. A competent personal injury lawyer will know how to structure an agreement that provides the client with an appropriate amount of compensation. They'll also be able to negotiate with the insurance company to achieve the best possible outcome. In mediation, both plaintiff and defense will be given an opportunity to make their opening statements. The defense will attempt to discredit the claims of the plaintiff, citing any independent medical exam findings or disputing their claim of the incident. The defense will also try to explain why their valuation of the claim is less 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 move back and forth between the rooms, transferring information from one side to the other. The lawyer for the plaintiff will talk to the defense attorney about their negotiating strategies, and then try to convince them that they are worth more than the offer. Certain insurance companies will make low offers during mediation to see what the plaintiff's lawyer will do. They want to know whether the attorney representing the victim is scared of going to court and accept their low offer. It is essential that a personal injuries lawyer is prepared for mediation prior the time they attend. The insurance company can make use of this advantage if they are not prepared, and may entice the lawyer into accepting a low-ball offer. If you're willing to go through mediation, however your personal injury lawyer can leverage the information you have to help improve the outcome. This can save time and money. It could even save you from going to trial at all. Trial After a thorough investigation your personal injury lawyer will prepare to go to trial. The process could take a few months. Your attorney will gather evidence, including police reports, CCTV footage medical and insurance records. They can also engage experts to determine the source of your injuries and determine the extent of your injuries. A judge or jury decides if you are entitled to damages, how much compensation you should receive and if you have the right to sue the person responsible. In a personal injury case, this can include the compensation for physical pain and suffering permanent disability, loss of enjoyment of life emotional distress, lost earnings and more. Most personal injury attorneys are contracted on a contingency basis, meaning they are not paid until they succeed in winning your case. Different attorneys use different pricing methods, so it's best to inquire about their fees before deciding to represent you. Regardless of the type of personal injury case you are facing the lawyer you hire will have to prove four essential elements that include breach of duty, causation and damages. They must demonstrate that the other person or company owed you a duty to act in a particular manner, but did not perform their duty and caused injury or harm to you. Whittier injury lawyer YouTube must demonstrate that you suffered damages, such as medical bills, lost wages and property damage and that they resulted directly from your injuries. They will then need 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 outside of court by an agreement. It is generally faster and less risky than going to trial. Your NYC personal injury lawyer will be prepared to take on trial in order to get the best possible result for you.