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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives have been disrupted by accidents in the car, medical errors or workplace injuries. They help them recover compensation for the damages. To assess your case's value Your attorney will ask for documents such as accident or police reports medical bills and documents, school and employment information as well as any other relevant documents. Liability Analysis A personal injury lawyer will initially determine the basis of liability. This is based on the nature of accident and the particular circumstances. In personal injury cases, the three most common theories are strict liability as well as negligence and breach of warranty. The basis for negligence claims is the defendant's inability to act with the same degree of care and prudence that reasonable people would exercise in similar circumstances. Examples of negligent actions include driving a car impaired by alcohol or drugs recklessness, failure to use safety equipment, and ignoring the need to keep roads in good condition. If the attorney believes that the party at fault can be held accountable 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 collect details about the injured person's future medical expenses or lost wages, as well as other damages. In many cases, an insurance company 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 ready for court. They will also inform their client of any witnesses they plan to interview and could also employ an expert witness to describe aspects of the case that they cannot 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 of the insurance company. If a settlement cannot be reached, the attorney is prepared to present his client's case before a court of law and bringing all the necessary motions and pleadings. Before making a decision take the time to compare the success rate, experience and fees of personal injury lawyer you are contemplating. You can ask friends family members, coworkers or even your own parents for recommendations or look into the lawyer referral service that is run by your bar association. These services will pair you with lawyers that are experienced in the area of law you require and who meet certain criteria. Discovery All personal injury cases which go to trial include the process of discovery. It is a time during which both parties in the case are required to share information and evidence with each other. In some cases, this will result in a settlement being reached, which will stop the legal process. In other cases it could result in the case being decided in the court of law, either by a judge or jury. In personal injury cases the majority of the investigation involves obtaining the evidence needed to prove that another party was responsible for the accident and the injuries that resulted from it. This can be anything from medical bills and records to photos of the scene of the accident and video footage. In certain instances expert witness testimony could be required to back a claim for damages. During the discovery phase, your attorney will ask you for any documents you have in your possession that relate to the case. For example your lawyer may request copies of any insurance policies that you are currently enrolled in, the names of anyone who was involved in the incident, and any other evidence of loss of income. Other requests could include interrogatories that are written questions that you must answer under the oath. These questions could be about your health insurance, the deductibles on these policies, or any other pertinent information. There is also a procedure known as depositions, which entails the defense attorney giving your testimony under oath regarding the facts of the accident and your injuries. Your lawyer should prepare you for the deposition in order to make sure you are comfortable. It is important to remain honest throughout the discovery process. Hide any information from your lawyer. It could hurt your case. For example, if you fail to reveal that you suffer from a preexisting health issue, and that condition is aggravated by your injuries, it can have a significant impact on the amount you receive in a settlement. The majority of Manhattan personal injury attorneys work on a contingent basis, which means that they don't charge any fees until they win your case. It is nevertheless important to discuss billing structures with the lawyer you are considering before you hire them. Mediation The majority of personal injury cases are resolved via mediation, rather than through litigation. Litigation is the process of taking the case to court where a judge is required to decide the outcome. Mediation however, allows parties to reach a mutually agreeable settlement by utilizing an impartial third party known as mediator. It is generally less expensive and quicker than going to court. The purpose of mediation should be to get both parties to agree on an amount for settlement that they both can live with. Glendale injury lawyer will know how to structure the settlement so that the client gets an equitable amount of compensation. They'll also be able to negotiate with the insurance company to achieve the best possible outcome. During a mediation, both the plaintiff and the defense will have the opportunity to present their opening statements. The defense will attempt to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident report. The defense will also try to explain that their assessment of the claim is lower than what the plaintiff's attorney requested. After the opening statements, the mediator will break the two parties into separate rooms. The mediator will then go back and forth, transferring information from one room to the next. The lawyer for the plaintiff will talk to the defense attorney about their negotiation strategies, and try to convince them that they are worth more than the amount offered. Some insurance companies make low mediation offers to determine what the lawyer for the plaintiff will do. They want to find out if the lawyer representing the victim is afraid of going to trial and take their low offer. It is essential that a personal injuries lawyer is prepared for mediation prior to going to court. Insurance companies will profit from this when they're not prepared and could sway the lawyer into accepting a low-ball offer. If you're willing to go through mediation however, your personal injury lawyer can use this information to improve your outcome. This will save you time and money in the long time. You may not even have to go to court. Trial After an extensive investigation, your personal injury lawyer will prepare to trial. This can take a few months. Your attorney will gather evidence, such as police reports, CCTV footage as well as medical and insurance documentation. They may also hire experts in order to determine the cause of injury and to evaluate damages. A judge or jury determines whether you are entitled to damages, what much compensation you should receive and if you have the right to sue the responsible party. In a personal injury case it could be the compensation for physical pain and suffering permanent disability loss of enjoyment life emotional distress, lost wages and more. The majority of personal injury lawyers work on a contingency basis which means that they don't receive any money unless they win your case. Different lawyers have different pricing structures which is why it's important to inquire about their fees before deciding to represent you. Regardless of the nature of the personal injury case you have the lawyer you hire will have to prove 4 key elements that include breach of duty and causation, as well as damages. They will need to demonstrate that the other party or business had a legal obligation to you to behave in a particular way, but did not perform the duty. The result was injury or harm to you. They must demonstrate that you were a victim of damages, such as medical bills or lost wages, as well as property damage, and that they were the direct result of your injuries. Then, they will need to convince the jury that you are entitled to an equitable settlement for your losses. It is crucial to understand that the vast majority (if not all) of personal injury cases are settled out of court through the settlement. It is usually quicker and less risky than going to trial. Your NYC personal injury lawyer will be prepared to go to trial to ensure the best result for you.