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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives are disrupted through car accidents, medical mistakes or workplace injuries. They assist them in obtaining financial compensation for damages and losses. To assess your case's value, your attorney will request 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 first determine the basis of liability. It is determined by the nature of accident and the particular facts involved. In personal injury cases the three most popular theories are strict liability as well as negligence and breach of warranty. The basis for negligence claims is the defendant's failure to act with the same degree of care and caution that an average person would have under similar circumstances. Examples of negligent acts include driving while under the influence of alcohol or drugs, reckless driving, failure to use appropriate safety equipment, and failing to ensure roadways are in good order. If they believe that the party at fault can be held liable, the attorney will start discussions to negotiate an agreement to settle the financial issue. It could be necessary to provide evidence, like medical records, police reports and witness statements to the insurance company. They may also collect details about the injured person's future medical expenses or lost wages, as well as other damages. In many instances, an insurance company will settle for an acceptable amount. If not, the insurer will prepare for trial and file a lawsuit against the responsible party. He will also ensure that all evidence is ready to be presented in court. They will also notify their client of any witnesses they intend to call, and may also hire an experts to explain aspects of the case that they cannot explain on their own. Before the trial begins the personal injury attorney typically attends mediation with the representative of the insurance company and their client to try to reach an agreement. If no settlement is reached the attorney will be prepared to present their client's case in court, bringing the appropriate pleadings, motions and petitions along with them. If you're thinking of hiring a personal injury lawyer You should evaluate their experiences, success rates and fees before making a final 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 who have experience in the area of law you require and who meet certain requirements. Discovery All personal injury cases that go to trial include the process of discovery. It is a period during which both parties in the case are required to share information and evidence with one another. In some cases, this may result in a settlement which will stop legal proceedings. In other instances, it will result in the case being settled in the courts of law by a judge or jury. In personal injury cases, a large part of the process of discovery involves gathering evidence to show that the injury and accident were caused by a third party. This can be anything from medical bills and records to photos of the scene of the accident and video footage. In certain cases expert witness testimony could be required to prove a claim for damages. During the discovery stage, your attorney will request any documents you have in your possession that pertain to your case. Your lawyer could request copies of your insurance policies, the names and contact numbers of anyone who was involved in the accident, or other evidence of income loss. Other requests may include interrogatories which are written questions you have to answer under the oath. These questions could be about your health insurance, the deductibles for these policies, or any other pertinent information. There is also a process called depositions, which involves the defense attorney taking your testimony under oath regarding the circumstances of the accident and your injuries. Your lawyer should collaborate closely with you to prepare you for your deposition to ensure you feel confident going into the session. It is crucial to remain truthful during the discovery process. If you conceal any information from your attorney, it can harm your case. If you do not reveal a preexisting medical condition and your injuries aggravate it the chances are that you will be affected by the amount the compensation you receive. Most Manhattan personal injury lawyers are on a contingency basis which means they won't charge you any costs unless they succeed in winning your case. It is important to discuss the billing arrangement with your lawyer prior to making a decision to hire them. Mediation The majority of personal injury cases are resolved through mediation, rather than through litigation. Litigation is the process of taking a case to court where the jury or judge decides the outcome. Mediation is a way for parties to reach a settlement with the assistance of an impartial third party, known as mediator. It's usually less expensive, quicker and more tolerant than a trial. The aim of mediation is to bring both sides to agree on a settlement that everyone can agree to. A good personal injury attorney will know how to structure the settlement in order that the client gets an amount that is fair. They'll also be able to negotiate with the insurance company to get the most favorable outcome. In mediation, both plaintiff and defense will have an opportunity to make their opening statements. The defense will attempt to discredit any claims made by the plaintiff by citing independent medical exam findings or disputing the accident account. The defense will also explain why they value the claim less than the amount demanded by the lawyer representing the plaintiff. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then move between rooms, passing information from one room to the next. The plaintiff's personal injury lawyer will discuss their negotiation strategies with the defense attorney, trying to convince them that the case is worth more than what they're offering. Certain insurance companies will make low-ball mediation offers to determine what the lawyer for the plaintiff will do. They want to know if the lawyer representing the victim is afraid of going to trial and will take their low offer. This is why it's vital that the personal injury lawyer is well prepared for mediation prior to attending. The insurance company will make use of this advantage when they're not prepared, and can intimidate the lawyer to accept a low-ball offer. Your personal injury lawyer will use 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 time. And it may even prevent you from having to go to trial altogether. Trial The personal injury attorney you choose will prepare for trial following an extensive investigation. This could take months. You Tube will gather evidence, such as police reports and CCTV footage as well as medical and insurance documentation. They may also employ experts to determine the cause of your injuries and assess your damages. A jury or judge decides whether you're entitled to damages, what much compensation you should receive and if you have the right to sue the person responsible. In a personal injury lawsuit you may be awarded compensation for physical pain and discomfort as well as permanent disability, emotional distress, loss of enjoyment of life, and loss of earnings. Most personal injury attorneys are contracted on a contingency basis, meaning that they're not paid until they are successful in settling your case. Different lawyers have different pricing models, so it's best to inquire about their fee structure prior to agreeing to represent you. Your lawyer will have to prove four key elements regardless of the type of case you're trying to resolve such as breach of duty, causation, and damages. They will need to prove that the other party or business was obligated to you to act in a certain manner and failed to do so. The result was that you suffered injuries or harm. They must demonstrate that their injuries resulted in injuries, such as lost wages and medical bills or property damage. Then, they'll need to convince the jury that you deserve an appropriate settlement for your loss. It is crucial to realize that the vast majority of personal injury cases settle out of court via a settlement. It's generally quicker and less risky than going to trial. Your NYC personal injury attorney will be ready to go to trial to ensure the best outcome for you.