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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives have been disrupted by car crashes, medical errors or workplace injuries. They assist them in obtaining the financial compensation they deserve for their damages and losses. To determine the value of your case, your attorney will request documents such as accident or police reports medical bills and records, employment and school information and any other relevant documents. Liability Analysis A personal injury lawyer will initially determine the basis of liability. This depends on the type of accident and the specific circumstances. The three most commonly used theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. Negligence claims are made when a defendant does not exercise the same degree of care and prudence as a reasonable person would in similar circumstances. Examples of negligent actions include driving a car while impaired by alcohol or drugs, recklessness, failure to use safety equipment, and ignoring the need to keep roads in good condition. If they believe that the responsible party could be held accountable and the attorney begins discussions to negotiate a financial settlement. This may involve presenting evidence to the insurance company such as medical records, police reports or witness statements. They will also collect information about the injured party's future medical expenses, lost wages and other damages. In most instances, the insurance company will negotiate an equitable settlement. If not, the insurer will prepare for trial and file a lawsuit against the responsible party. He will also make sure that all evidence is ready to present in the court. They will also inform their client about witnesses they plan to interview, and could employ an expert witness to discuss aspects that they cannot be able to explain themselves. Personal injury attorneys will participate in mediation prior to a trial to try and reach an agreement with their client and the representative from the insurance company. If a settlement is not reached, the attorney will be ready to present their client's case before an appropriate court, bringing all necessary pleadings and motions. If you are considering hiring a personal injury lawyer You should evaluate their expertise, success rate fees, and other factors before making a decision. You can ask your friends, family members or coworkers for recommendations or consider the lawyer referral service which is managed by your bar association. These services will connect you with lawyers who have experience in your field of expertise and meet a set of criteria like being an active member of the state bar and having a record of satisfied clients. Discovery All personal injury cases that go to trial will involve the process of discovery. It is a time during which the parties involved in the case are required to share evidence and information with each other. In some instances, this could result in a settlement which will put an end to legal proceedings. In other instances it could result in the case being settled in the courts of law by jurors or judges. In personal injury cases there is a significant portion of the investigation involves obtaining the necessary evidence to prove that another party was responsible for the incident and the injuries that resulted from it. This could include anything from medical bills and records to photos of the scene of the accident and video footage. In certain instances, expert witness testimony may be needed to support an action for damages. During the discovery phase, your lawyer will request any documents in your possession that relate to your case. For example your lawyer may request copies of any insurance policies you are currently enrolled in, the names of anyone who was involved in the incident, and any other evidence of lost income. Other requests may include interrogatories which are written questions you must answer under the oath. These could be questions about any health insurance coverage you have, the deductibles of the policies, or other relevant details. Depositions are another method where the defense attorney takes your testimony under oath regarding the details of the incident or injuries. Your lawyer will work closely with you in preparing you for your deposition to ensure you feel confident before you go into the deposition. It is important to be honest throughout the discovery process. If you conceal any information from your attorney, it can hurt your case. For instance, if you don't disclose that you have a preexisting medical condition, and it is worsened by your injuries, it could have a significant impact on the amount of money you receive in a settlement. The majority of Manhattan personal injury lawyers work on a contingency basis, meaning they will not charge you any charges unless they win your case. It is important to discuss the billing structure with your attorney prior to making a decision to hire them. Mediation Mediation is the preferred method of resolution for most personal injury cases. Litigation is the process of bringing the case to court, where a judge will determine the outcome. Mediation is a way for parties to reach an agreement through the help of an impartial third party, called mediator. It is usually less expensive and quicker than going to court. The aim of mediation is to force both parties to agree on a settlement amount that everyone can agree to. A good personal injury attorney will know how to structure the settlement so that the client gets an amount that is fair. They will also be in a position to negotiate with the insurance company for the best possible outcome. In a mediation, both the plaintiff and defense will have an opportunity to give their opening statements. The defense will try to discredit the claims of the plaintiff, citing any medical examination findings from independent sources or denying their own account of the incident. The defense will also argue that their estimate of the claim is lower than what the attorney for the plaintiff demanded. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then move back and forth between rooms, passing information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiation strategy with the defense lawyer and try to convince them that the case is worth more than the amount they're offering. Some insurance companies will make low-ball mediation offers to see what the lawyer representing the plaintiff will do. They want to know whether the lawyer representing the victim is afraid of going to trial and will accept their low-ball offer. It is crucial that a personal injuries lawyer is prepared for mediation prior to attending. If they're not prepared, the insurance company may make use of this by threatening the lawyer to accept their offer. Your personal injury lawyer will make use of this information to help improve the outcome of your case if you are willing to go through mediation. This will save you time and money. And it could even stop you from going to trial in the first place. 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, such as police reports and CCTV footage, medical and insurance documents. They can also engage experts in order to determine the source of the injury and to assess damages. A judge or jury decides whether you are entitled to damages, what much compensation you will receive and if you can sue the party responsible. In a personal injury lawsuit you may be awarded compensation for physical pain and discomfort as well as permanent disability, emotional stress, loss of enjoyment of life, and loss of wages. The majority of personal injury lawyers work on a contingent basis, meaning that they're not paid until they succeed in winning your case. However, different lawyers follow various pricing models therefore it is advisable to ask about their fee structure prior to signing a contract for representation. Your lawyer must demonstrate four essential elements, regardless of the type of case you are pursuing such as breach of duty, causation and damages. They must demonstrate that the other party or firm owed you a duty to behave in a specific way, but they failed to do so and that caused you harm or injury. They must prove that you were a victim of damages like 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. youtube.com is crucial to realize that the vast majority of personal injury cases settle outside of court through a settlement. Settlements are usually faster and less risky than trial. However, your NYC personal injury lawyer will be prepared to take your case to trial should you need to ensure the best possible outcome for you.