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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who's lives were disrupted by accidents in the car or medical errors, as well as workplace injuries. They assist them in obtaining the financial compensation for damages and losses. To assess your case's value Your attorney will ask for documents, including police or accident reports medical bills and records, employment and school information and any other relevant documents. Liability Analysis A personal injury lawyer will first determine the basis of liability. This is based on the nature of incident and the specific facts involved. In personal injury cases, the three most common theories are strict liability as well as negligence and breach of warranty. Negligence claims stem from the defendant's failure to exercise the same level of care and prudence an average person would have under similar circumstances. Examples of negligent actions include operating a motor vehicle when under the influence of drugs or alcohol reckless driving, failure to use proper safety equipment and failing to ensure roadways are in good order. If they believe that the responsible party is liable then the attorney will begin discussions to negotiate an agreement to settle the financial issue. It is possible to provide evidence, including police reports, medical records and witness statements, to the insurance company. They will also gather information regarding the injured party's future medical expenses as well as lost wages and other damages. In many cases, an insurance company will agree to settle for a fair amount. If not, the attorney will prepare for trial by filing a lawsuit against the party responsible and ensuring that all evidence is prepared to be presented in court. They will also inform their client of any witnesses they plan to call and may hire expert witness to describe aspects of the case they are unable to explain on their own. Before a trial starts, the personal injury attorney typically attends mediation with the insurance company representative and their client in order to negotiate a settlement. If there is no settlement, the lawyer will be prepared to present their client's case to the court, bringing appropriate motions, pleadings and petitions together. If you are thinking of hiring a personal injury lawyer it is important to compare their experiences, success rates and fees before making a final decision. You can ask your friends and family members, or colleagues for recommendations or consider a lawyer referral service which is managed by your bar association. These services will connect you with lawyers who are experienced in your field of expertise and meet certain criteria like being a member of the state bar or having a an established track record of happy clients. Discovery All personal injury cases which go to trial will involve a process called discovery. Plantation injury attorneys YouTube is the time when both parties in a case have to exchange information and evidence. In some cases this will result in a settlement which will end legal proceedings. In other instances it could result in the case being decided in the courts of law, either by jurors or judges. In personal injury cases, a major part of the investigation process involves gathering the evidence necessary to show that the injuries and accident were caused by a third party. This could include anything from medical bills and documents, photographs of the accident scene, and even video footage. In some cases expert testimony could be required to back the claim. During the discovery stage, your attorney will ask you to provide any documents you have in your possession that relate to the case. Your lawyer might request copies of your insurance policies as well as the names and contact information of any person involved in the accident or any other documentation that proves the loss of income. Other requests may include interrogatories which are written questions that you have to answer under oath. These questions could be about your health insurance, the deductibles on these policies, or any other relevant information. There is also a process called depositions, which involves the defense attorney taking your testimony under oath about the details of the incident and the injuries you sustained. Your lawyer will collaborate closely with you in preparing you for your deposition so that you are confident going into the session. It is crucial to remain truthful during the discovery process. If you conceal any information from your attorney, it could affect your case. If you do not divulge a medical condition that is preexisting and your injuries get worse and you are affected by the amount of the money you receive. The majority of Manhattan personal injury lawyers work on a contingency basis that means they will not charge you any costs unless they win your case. It is essential to discuss the billing process with your attorney prior to making a decision to hire them. Mediation Mediation is the preferred method of resolution for the majority of personal injury cases. Litigation involves taking a matter to court, where a judge or jury decides the outcome. Mediation is a way for parties to come to an agreement with the assistance of an impartial third party, known as a mediator. It's usually less expensive, quicker and more collaborative than a trial. The aim of mediation should be to get both parties to reach an agreement on a settlement that they can accept. An experienced personal injury lawyer will be able to structure the settlement so that the client gets an equitable amount of compensation. They will also be competent to negotiate with the insurance company to get the best possible outcome. Both the plaintiff and defense will be able to make their opening statements at mediation. The defense will attempt to discredit the plaintiff's claims by citing any independent medical exam findings or denying their account of the incident. The defense will also provide reasons why they consider the claim lower than the amount sought by the plaintiff's lawyer. The mediator will then separate the two parties into separate rooms after the opening statements. The mediator will then go back and forth between rooms, carrying information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiating moves with the defense lawyer and try to convince them that the case is worth more than the amount they're offering. Certain insurance companies will make low-ball offers during mediation to determine what the plaintiff's lawyer will do. They want to know whether the lawyer representing the victim is afraid of going to trial and will take their low offer. This is the reason it's crucial that the personal injury lawyer is well prepared for mediation before they attend. The insurance company will profit from this if they are not prepared, and may entice the lawyer to accept a low-ball offer. If you're ready for mediation but not sure how, your personal injury lawyer can utilize the information you have to increase the chances of success. This will save you time and money. You may not even have to go to court. Trial After a thorough investigation your personal injury lawyer will prepare to go to trial. It could take a long time. Your lawyer will gather evidence, such as police reports and CCTV footage medical and insurance records. They can also employ experts to determine the source of the injury and to evaluate damages. A judge or jury will decide if the responsible party is at fault, how you should be compensated and the amount to which you are entitled. In a personal injury case there is a possibility of compensation for physical pain and discomfort permanent disability, emotional anxiety and loss of enjoyment life, and the loss of wages. Most personal injury attorneys are on a contingent basis, meaning they are not paid until they are successful in settling your case. However, different attorneys follow different pricing strategies, so it is best to inquire about their fee structure before agreeing to representation. Your lawyer must prove four key elements, regardless of the type of case you're pursuing the following: breach of duty, causation and damages. They must demonstrate that the other party or firm owed you a duty to act in a particular manner, but failed to do so and this caused you harm/injuries. They will have to show that the injuries you suffered resulted in expenses like medical bills, lost wages, or property damage. They will then have to convince the jury that you deserve a fair settlement for your losses. It is important to recognize that the majority of personal injury cases settle out of court via a settlement. Settlements are usually faster and less risky than trial. However you should know that your NYC personal injury lawyer will be prepared to take your case to trial if necessary to ensure the best outcome for you.