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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who's lives were disrupted by car accidents, medical errors or workplace injuries. They assist them in obtaining financial compensation for the losses and damages. To evaluate the value of your case, your attorney will request documents such as accident or police reports medical bills and records, employment and school information as well as any other relevant documents. Liability Analysis When a personal injury lawyer takes on a case, they start by determining the theories of liability. It depends on the incident nature and the circumstances. The three most common theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. Negligence claims arise when a defendant does not exercise the same degree of care and prudence as a reasonable person would in similar circumstances. Examples of negligent acts include driving a vehicle while impaired by alcohol or drugs, recklessness, failure to use safety equipment and failing to maintain roads in good condition. If they believe that the responsible party is liable and the attorney begins discussions to negotiate a financial settlement. It is possible to present evidence, such as medical records, police reports and witness statements, to the insurance company. They will also collect information regarding the injured party's medical expenses in the future or lost wages, as well as other damages. In many instances, an insurance company will agree to settle for an acceptable amount. If not, the lawyer will prepare for trial by filing an action against the responsible party and ensuring all evidence is prepared to be presented in court. They will also inform their client of any witnesses they intend to call, and may also hire an expert witnesses to describe the details of the case that they are unable to explain on their own. Personal injury lawyers will participate in mediation prior to a trial to try and reach a settlement with their client and the insurance company representative. If a settlement is not reached, the attorney will be prepared to present his client's case to a court of law and bringing all the necessary motions and pleadings. Before making a decision take the time to compare the experience, success rate and fees of any personal injury lawyers you are contemplating. You can ask friends family members, coworkers or even your own parents for recommendations or consider the services of a lawyer referral program that is provided by your bar association. These services can connect you with lawyers who have experience in the area of law you require and who meet certain criteria. Discovery All personal injury cases which go to trial have a process called discovery. It is the time when the parties involved in a case have to provide evidence and information. In some instances, this could result in a settlement which will put an end to legal proceedings. In other cases it could lead to the case being settled in the courts of law by the judge or jury. In personal injury cases, a significant part of the discovery process involves gathering the evidence necessary to establish that the injury and accident were caused by another party. This could include anything from medical documents and bills to photographs of the accident site and video footage. In some cases expert witness testimony could be needed to support an action for damages. During the discovery phase, your lawyer will request any documents you may have in your possession that pertain to your case. Your lawyer may ask for copies of your insurance policies as well as the names and contact information of any person involved in the accident, or other evidence of income loss. Interrogatories are written questions to which you must respond under an oath. These questions could concern your health insurance, the deductibles for these policies, or any other pertinent information. There is also www.youtube.com known as depositions, which entails the defense attorney taking your testimony under oath regarding the facts of the accident and your injuries. Your lawyer should prepare you for the deposition in order to ensure that you feel confident. It is important to be honest during the discovery process. If you conceal any information from your attorney, it may hurt your case. For instance, if don't declare that you have an existing condition, and that condition is worsened by the injuries you sustained, it could affect the amount you receive in settlement. The majority of Manhattan personal injury lawyers operate on a contingency basis, which means that they don't charge any fees until they win your case. However, it is crucial to discuss billing plans with the attorney you're considering before you 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 will decide on the outcome. Mediation allows parties to come to an agreement with the help of an impartial third party, called mediator. It's generally less expensive, quicker and more collaborative than a trial. The purpose of mediation is to help both parties agree on a settlement that they can accept. An experienced personal injury lawyer 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 insurance company to achieve the best possible result. Both the plaintiff as well as the defense will be able to make their opening statements during mediation. The defense will attempt to discredit any claims made by the plaintiff, citing independent medical examination findings or denying the accident account. The defense will also argue why their valuation of the claim is lower than the amount that the plaintiff's lawyer demanded. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then move back and forth, passing information from one room to the next. The lawyer representing the plaintiff will speak to the defense attorney about their negotiating strategies, and attempt to convince them that they are worth more than the amount offered. Some insurance companies will make low-ball offers during mediation to determine what the lawyer for the plaintiff's attorney will do. They want to determine whether the attorney representing the victim is afraid of going to court and accept their low offer. It is crucial that a personal injuries lawyer is prepared for mediation prior to attending. The insurance company will make use of this advantage when they're not prepared, and may entice the lawyer to accept a lower-cost offer. Your personal injury lawyer will utilize this information to improve the outcome of your case if willing to go through mediation. This will save you time and money in the long run. You might not need to appear in court. Trial After a thorough investigation, your personal injury lawyer will prepare to go to trial. This can take a few months. Your lawyer will gather evidence like police reports, CCTV footage and medical and insurance documents. They may also employ experts to determine the root of your injuries as well as determine the extent of your injuries. A jury or judge will determine if the responsible party is to blame, how much compensation you are entitled to and for what damages you are entitled. In a personal injury lawsuit there is a possibility of compensation for physical discomfort and pain as well as permanent disability, emotional distress and loss of enjoyment life, and the loss of wages. Most personal injury lawyers are on a contingency basis that means they don't receive any money unless they prevail in your case. However, different attorneys use different pricing strategies, so it is best to inquire about their fee structure prior to signing up to representation. No matter what nature of the personal injury case you have your lawyer will need to prove 4 key elements which are breach of duty, duty and causation, as well as damages. They will have to demonstrate that the other party, or company had a duty to you to behave in a certain manner, but did not perform the duty. The result was that you suffered injuries or harm. They must demonstrate that you have suffered losses, such as medical bills as well as lost wages and property damage and that they were directly caused by your injuries. They must then convince jurors that you have a right to compensation for your losses. It is important to recognize that the vast majority of personal injury cases settle outside of court by settling. It is usually quicker and less risky than going to trial. However it is important to note that your NYC personal injury lawyer will be able to go to trial if necessary to ensure the best possible outcome for you.