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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives are disrupted by car accidents or medical mishaps, as well as workplace injuries. They help them recover compensation for any damages. Your attorney will request documents like police or accident reports, medical bills and records; school and employment information, and any other relevant documentation. Liability Analysis A personal injury lawyer will first determine the basis of liability. It is based on the accident type and the facts involved. In personal injury cases the three most commonly used theories are strict liability and negligence, as well as breach of warranty. The basis for negligence claims is the defendant's inability to act with the level of care and prudence a reasonable person would in similar circumstances. Examples of negligent conduct include driving when under the influence of drugs or alcohol, reckless driving, failure to use proper safety equipment and failing to ensure that roads are in good working order. If the attorney believes that the person responsible can be held responsible then they will begin negotiations for an agreement for financial settlement. This could involve giving evidence to the insurance company, such as medical records, police reports and witness statements. They will also collect information regarding the injured party's future medical expenses or lost wages, as well as other damages. In many instances, an insurance company will agree to settle for a fair amount. If not, the insurance company will prepare for trial and file a lawsuit against the responsible party. He will also make sure that all evidence is prepared to present in court. They will also inform their client about witnesses they plan to contact, and they may engage an expert witness to explain the details they are not able to be able to explain by themselves. Personal injury lawyers are required to attend mediation before a trial to attempt to reach a settlement with their client and the insurance company representative. If no settlement is reached, the attorney will be prepared to present their client's case to the court, bringing the appropriate documents, such as motions, and pleadings together. If you are thinking of hiring a personal injury lawyer You should evaluate their expertise, success rate fees, and other factors before deciding. You can ask your friends family members, coworkers or even your own parents for recommendations, or you can look into a lawyer referral service that is provided by your bar association. These services will pair you with lawyers who have experience in the area of law you require and meet certain requirements. Discovery All personal injury cases that go to trial 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 cases, this will result in a settlement being reached, which will conclude the legal process. In other instances, it will result in the case being settled in the courts of law, either by jurors or judges. In personal injury cases, a significant part of the process of discovery involves gathering evidence to show that the injuries and accident were caused by another party. This can include anything from medical bills and records, photos of the scene of the accident, and even video footage. In certain cases expert testimony might be required to back an assertion. During the discovery process, your lawyer will also require you to submit any documents you have in your possession or control that pertain to the case. Your lawyer might request copies of your insurance policies, the names and contact details of anyone who was involved in the accident or any other evidence of income loss. Interrogatories are written queries to which you must respond under the oath. These might be questions regarding any health insurance coverage you have, the deductibles of those policies, and other relevant details. There is also a procedure called depositions, and it involves the defense attorney taking your testimony under oath concerning the facts of the accident and your injuries. Your lawyer should work closely with you to prepare you for your deposition to ensure you feel confident going into the session. It is important to be honest throughout the discovery process. Do not divulge any information to your lawyer. It could harm your case. If you do not disclose a preexisting medical condition and your injuries aggravate it, you could be affected by the amount of money that you receive. Most Manhattan personal injury lawyers are on a contingency basis, meaning they will not charge you any fees unless they prevail in your case. It is nevertheless important to discuss billing plans with your potential attorney before you hire them. Mediation Mediation is the preferred method of settling 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 come to an agreement with the assistance of an impartial third party, called a mediator. It is generally cheaper and faster than going to court. The purpose of mediation should be to help both parties agree on an amount for settlement that they can all live with. A skilled personal injury lawyer will be able to craft an agreement that provides the client with an appropriate amount of compensation. They'll also be in a position to negotiate with the insurance company to get the most favorable outcome. In a mediation, both the plaintiff and defense will have an opportunity to give their opening statements. The defense will attempt to discredit the plaintiff's claims, citing any independent medical examination findings or disputing their claim of the accident. The defense will also argue why their valuation of the claim is less than what the plaintiff's attorney demanded. The mediator will then split the two parties into separate rooms following the opening statements. The mediator will then move back and forth, transferring information from one room to the next. The plaintiff's lawyer will talk to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than the offer. Certain insurance companies offer low-cost mediation offers to see what the lawyer representing the plaintiff will do. They want to know whether the victim's lawyer is afraid of going to trial and take their low offer seriously. This is why it's vital that the personal injury lawyer is well prepared for mediation before they attend. Insurance companies will profit from this when they're not prepared, and may entice the lawyer into accepting a low-ball offer. If you're ready for mediation, however, your personal injury lawyer can use that information to increase the chances of success. This will save you time and money in the long time. You Tube may not even have to go to court. Trial After a thorough investigation your personal injury lawyer will prepare to trial. This can take months. Your lawyer will gather evidence, including police reports and CCTV footage, medical and insurance documents. They can also engage experts to determine the cause of your injuries and to evaluate the damages you have suffered. A judge or jury will decide if the party responsible is at fault, as well as how you should be compensated and what damages you are entitled to. In a personal injury lawsuit, this can include the compensation for physical pain and suffering permanent impairment, loss of enjoyment of life, emotional distress, lost wages and more. The majority of personal injury lawyers work on a contingency basis that means they don't receive any money unless they prevail in your case. Different lawyers use different pricing methods and it's a good idea to inquire about their fee structure prior to agreeing to represent you. No matter what type of personal injury case you are facing, your lawyer will need to prove four essential elements which are breach of duty, duty and causation, as well as damages. They must prove that the other party or company was obligated to you to act in a particular way and did not perform the duty. The result was injury or harm to you. They must demonstrate that their injuries resulted in damages such as medical bills, lost wages, or property damage. They must then convince the jurors that you have a right to compensation for your losses. It is important to realize that the vast majority (if not all) of personal injury cases are settled outside of court through the settlement. It's generally quicker and less risky than going to trial. Your NYC personal injury lawyer will be prepared to take on trial in order to get the best possible outcome for you.