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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 or medical errors, or workplace injuries. They assist in recovering compensation for the damages. Your attorney will ask for documents like police or accident reports, medical bills and records; school and employment information, and any other documentation that is relevant. Liability Analysis A personal injury lawyer will first determine the theory of responsibility. This depends on the type of incident and the specific facts involved. In personal injury cases the three most commonly used theories are strict liability as well as negligence and breach of warranty. The basis for negligence claims is the defendant's failure to act with the same degree of care and prudence an average person would have under similar circumstances. Examples of negligent acts include driving a car while impaired by alcohol or drugs, recklessness, failure to wear safety equipment, and ignoring the need to keep roads in good condition. If the attorney believes the party at fault can be held responsible and they begin to negotiate an agreement on financial terms. It is possible to present evidence, like medical records, police reports and witness statements, to the insurance company. They will also gather information about the injured party's future medical expenses as well as lost wages and other damages. In many instances, insurance companies will agree to settle for an amount that is fair. If not, the insurer will prepare for trial and file a lawsuit against the any responsible party. He will also make sure that all evidence is prepared to be presented in the court. They will inform their client of any witnesses they intend to contact, and they may engage an expert witness to describe the details they are not able to be able to explain by themselves. Before the trial begins, the personal injury attorney typically attends mediation with the insurance company representative and their client to try to negotiate an agreement. If there is no settlement, the lawyer will be prepared to present their client's case in court, bringing the appropriate motions, pleadings and petitions along with them. Before making a decision, compare the success rate, experience and costs of any personal injury lawyer you are contemplating. Ask family members, friends or coworkers to recommend a lawyer. You can also check out the lawyer referral service offered by your bar. These services can match you with lawyers who are experienced in the field of law you are interested in and meet a set of criteria for example, being an active member of the state bar or having a the track record of having satisfied clients. Discovery All personal injury cases that go to trial will involve a process called discovery. This is the time that the parties involved in a case must provide evidence and information. In some instances, this could lead to a settlement, which will put an end to legal proceedings. In other instances it could lead to the case being decided in the court of law by jurors or judges. In personal injury cases, a large part of the process of discovery involves gathering evidence to show that the injuries and accident were caused by another person. This can be everything from medical bills to documents, photographs of the scene of the accident and even video footage. In some cases, expert testimony may be required to support a claim. During the discovery process, your lawyer will also ask you to provide any documents you have in your possession or control that pertain to the case. For example the lawyer will ask for copies of any insurance policies you have in effect, the names of anyone who was a victim of the accident, as well as any other documentation of lost income. Interrogatories are written queries to which you have to respond under an oath. They could ask you questions about any health insurance coverage you have, the deductibles on those policies, and other relevant details. There is also a procedure called depositions, and it involves the defense attorney taking your testimony under oath regarding the details of the incident and your injuries. Your lawyer should prepare your deposition to make sure you are comfortable. It is essential to be honest throughout the discovery process. If you conceal any information from your attorney, it can harm your case. If you don't disclose a preexisting medical condition and your injuries aggravate it the chances are that you will be impacted by the amount of the compensation you receive. The majority of Manhattan personal injury lawyers operate on a contingency fee, meaning they will not charge you any charges unless they win your case. However, it is important to discuss billing arrangements with your potential attorney 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 a method for parties to come to an agreement with the help of an impartial third party, known as a mediator. It is generally cheaper and quicker 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 in order that the client gets an amount that is fair. They will also be able to negotiate with the insurer to get the best result. Both the plaintiff and defense can make 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 argue that their estimate of the claim is lower than what the plaintiff's attorney demanded. The mediator will then split the two parties into separate rooms following the opening statements. Brownsville injury attorney You Tube will then go back and forth between the rooms, carrying information from one side to the other. The lawyer representing the plaintiff will speak to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than the offer. Some insurance companies make low offers at mediation to see what the lawyer for the plaintiff will do. They want to see whether the attorney representing the victim 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. The insurance company can make use of this advantage when they're not prepared, and may entice the lawyer into accepting a low-ball offer. If you're ready to negotiate but not sure how, your personal injury lawyer can use this information to increase the chances of success. This will save you time and money in the long time. You might not need to go to court. Trial After a thorough investigation your personal injury lawyer will be preparing to go to trial. This can take a few months. Your attorney will collect evidence, including police reports, CCTV footage and medical and insurance papers. They may also hire experts in order to determine the cause of injury and to determine the extent of damage. A jury or judge decides whether you're entitled to damages, and how much compensation you will receive and if you can sue the party responsible. In a personal injury case, this can include compensation for physical suffering and pain permanent impairment loss of enjoyment life emotional distress, loss of wages, and much more. Most personal injury lawyers are on a contingency basis that means they don't get paid unless they succeed in winning your case. However, different attorneys follow different pricing strategies, therefore it is advisable to inquire about their fee structure prior signing up to representation. Your lawyer must establish four main elements regardless of the kind of case you're trying to resolve such as breach of duty, causation and damages. They will need to show that the other person or company was obligated to behave in a specific manner, but did not perform their duty and this caused you harm/injuries. They will have to prove that your injuries resulted in damages such as lost wages and medical bills, or property damage. Then, they'll need to convince the jury that you are entitled to an equitable settlement for your loss. It is important to know that the vast majority (if not all) of personal injury cases are settled outside of court by a settlement. It's generally quicker and less risky than going to trial. Your NYC personal injury attorney will be prepared to go to trial to get the best result for you.