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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those whose lives have been disrupted by car accidents or medical errors, as well as workplace injuries. They help them recover compensation for damages. To evaluate the value of your case Your attorney will ask for documents, including police or accident reports medical bills and records, employment and school information as well as any other relevant documents. Liability Analysis When an attorney for personal injury takes on a case, they start by determining the basis of the liability. It depends on the accident type and the facts involved. The three most popular theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. Negligence claims are made when a defendant fails to exercise the same degree of care and prudence as a reasonable person would in similar circumstances. Examples of negligent acts include driving impaired by alcohol or drugs recklessness, inability 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 an agreement to settle the financial issue. This may involve providing evidence to the insurance company such as medical documents, police reports and witness statements. They will also collect details about the injured person's future medical expenses as well as lost wages and other damages. In many instances the insurance company will negotiate a fair settlement. If not the lawyer will prepare for trial by filing an action against the responsible party and making sure all evidence is ready to be presented before the court. They will also notify their client of any witnesses they plan to call and may hire expert witness to describe aspects of the case that they cannot explain on their own. Personal injury attorneys will take part in mediation prior to trial to try and reach an agreement with their client and the representative of the insurance company. If a settlement isn't reached, the attorney will be ready to present their client's case to a court of law by bringing all necessary motions and pleadings. If you are thinking of hiring a personal injury lawyer, you should compare their experience, success rate and fees before making a decision. Ask family members, friends or coworkers to recommend a lawyer, or take advantage of the lawyer referral service run by your bar. These services will match you with lawyers that are experienced in the area of law you require and meet certain requirements. Discovery Personal injury cases that go to trial will involve the process of discovery. It is a time in which the parties involved in the case are required to share information and evidence with one another. In some cases this will result in a settlement, which will stop legal proceedings. In certain cases, this may result in a settlement reached which will end the legal proceedings. In personal injury cases, a significant part of the process of discovery involves gathering evidence to prove that the injury and accident were caused by another person. This could include everything from medical bills to records, photos of the scene of the accident, and even video footage. In certain instances expert witness testimony might be required to prove the claim for damages. During the discovery process the lawyer will request any documents that you have in your possession or control that are relevant to your case. Your lawyer may ask for copies of your insurance policies as well as the names and contact numbers of anyone who was involved in the accident or any other evidence of income loss. Interrogatories are written questions to which you have to respond under the oath. These could be questions about any health insurance you have, the deductibles of the policies, or other pertinent details. There is also a procedure called depositions, which involves the defense attorney taking your testimony under oath regarding the circumstances of the accident and the injuries you sustained. Your lawyer will collaborate closely with you in preparing you for your deposition to ensure that you are prepared before you go into the deposition. It is important to be honest during the discovery process. If you conceal any information from your attorney, it can harm your case. If you fail to disclose a preexisting medical condition and your injuries worsen it and you are affected by the amount of the compensation you receive. Most Manhattan personal injury lawyers work on a contingency basis which means they won't charge you any charges unless they prevail in your case. It is important to discuss the billing structure with your attorney prior to hiring them. Mediation Mediation is the preferred method of settling most personal injury cases. Litigation is the process of taking a case before a court, where a judge will decide on the outcome. Mediation, on the other hand allows parties to come to an agreement that is mutually acceptable by utilizing an impartial third party known as a mediator. It is generally less expensive and faster than going to court. The purpose of mediation is to bring both sides to reach an agreement on a settlement amount that everyone can accept. A good personal injury attorney will know how to structure the settlement in order that the client gets an equitable amount of compensation. They can also negotiate with the insurance company to get the best result. During a mediation, both the plaintiff and defense will have an opportunity to give their opening statements. The defense will try to discredit any claims made by the plaintiff using independent medical examination findings or denying the accident report. Carmel injury lawyer YouTube will also discuss why they value the claim lower than the amount sought by the plaintiff's lawyer. 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 lawyer for the plaintiff will talk to the defense attorney about their negotiating strategies, and attempt to convince them that they are worth more than the offer. Certain insurance companies will make low-ball offers during mediation to determine what the lawyer representing the plaintiff will do. They want to know if the lawyer representing the victim is afraid of going to trial and will accept their low-ball offer. It is essential that a personal injuries lawyer is prepared for mediation prior to attending. If they're not, the insurance company can use that to their advantage by persuading the lawyer to accept their offer. If you're willing to go through mediation, however, your personal injury lawyer can leverage the information you have to improve your outcome. This can save time and money. You might not need to appear in court. Trial Your personal injury lawyer will prepare for trial after an exhaustive investigation. This process can take several months. Your lawyer will gather evidence, including police reports, CCTV footage, medical and insurance documents. They may also hire experts to determine the root of your injuries and evaluate the damages you have suffered. A jury or judge will determine if the responsible party is to blame, how much compensation you are entitled to and what damages you are entitled. In a personal injury case, compensation can be given for physical discomfort and pain permanent disability, emotional anxiety loss of enjoyment of life, and loss of wages. Most personal injury attorneys are contracted on a contingency basis, which means they are not paid until they succeed in winning your case. Different lawyers use different pricing models and it's a good idea to inquire about their fee structure prior to agreeing to represent you. Whatever nature of the personal injury case you are facing, your lawyer will need to prove four key elements that include breach of duty, causation and damages. They will need to show that the other party, or company had a duty to you to behave in a certain manner and did not follow through. 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 resulted directly from your injuries. Then, they will need to convince the jury that you have a right to an equitable settlement for your loss. It is important to realize that the majority (if not all) of personal injury cases are settled outside of court through the settlement. Settlements are usually faster and less risky than a trial. Your NYC personal injury attorney will be ready to take on trial in order to get the best result for you.