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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 accidents or medical mistakes, or workplace injuries. They help them recover compensation for the damages. Your attorney will request documents such as police or accident reports; medical bills and documents; employment and school information, as well as any other relevant documentation. Liability Analysis A personal injury lawyer will initially determine the legal basis for responsibility. It is based on the accident nature and the circumstances. The three most commonly used theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. The basis for negligence claims is the defendant's inability to exercise the same level of care and prudence a reasonable person would in similar circumstances. Examples of negligent acts include driving a vehicle while impaired by drugs or alcohol recklessness, inability to wear safety equipment, and failing to maintain roads in good condition. If the attorney believes that the party responsible for the fault could be held accountable and they begin to negotiate an agreement on financial terms. It may be necessary to provide evidence, like police reports, medical records and witness statements, to the insurance company. They will also collect information about the injured party's future medical expenses, lost wages and other damages. In many instances, an insurance company will agree to settle for an acceptable amount. If not, the lawyer will prepare for trial by filing an action against the party responsible and ensuring that all evidence is ready to be presented before the court. They will inform their client of witnesses they plan to call, and may hire an expert witness to explain certain aspects they are unable to describe themselves. Personal injury attorneys will take part in mediation prior to trial to negotiate an agreement with their client and the insurance company representative. If no settlement is reached the attorney will be ready to present their client's case to the court, bringing the appropriate documents, such as motions, and pleadings along with them. If you're thinking of hiring a personal injury lawyer You should evaluate their expertise, success rate and fees before making a final decision. You can ask your friends, family members or coworkers for recommendations, or you can look into the lawyer referral service which is managed by your bar association. These services will pair you with lawyers that are experienced in the area of law you require and who meet certain requirements. Discovery All personal injury cases that go to trial involve a process known as discovery. It is a time in which both parties involved in the case are required to share evidence and information with each other. In certain cases, this may result in a settlement being reached, which will conclude the legal proceedings. In some cases, this will result in a settlement being reached that will end the legal process. In personal injury claims the majority of the investigation involves obtaining the evidence needed to show that a third party was accountable for the accident and the injuries that resulted from it. This could include anything from medical documents and bills to photographs of the site of the accident as well as video footage. In certain instances expert witness testimony could be required to prove the claim for damages. During the discovery phase, your lawyer will request any documents you have in your possession that are relevant to the case. For instance the lawyer will ask for copies of any insurance policies you have in effect and the names of any person who was a victim of the accident, as well as any other documentation of lost income. Other requests could include interrogatories, which are written questions that you must answer under the oath. These questions may be related to your health insurance, the deductibles on those policies, or other pertinent information. Depositions are another method where the defense attorney takes your testimony under oath concerning the circumstances of the accident or your injuries. Your lawyer should prepare you for the deposition to ensure you feel comfortable. It is essential to be truthful during the discovery process. If you hide any information from your attorney, it may hurt your case. For instance, if you do not reveal that you suffer from a preexisting health issue, and that condition is worsened by the injuries you sustained, it could significantly impact the amount of money you receive from a settlement. Most Manhattan personal injury lawyers work on a contingency basis, meaning they will not charge you any fees 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 resolution for most personal injury cases. Litigation is the process of taking the case to court, where a judge will decide the outcome. Mediation is a method for parties to reach an agreement with the help of an impartial third party, known as a mediator. It is usually less expensive and quicker than going to court. The purpose of mediation should be to allow both parties to reach an agreement on a settlement that they both can live with. A good personal injury lawyer will be able to craft a settlement that will provide the client with an appropriate amount of compensation. They will also be able to negotiate with the insurance company to achieve the best possible outcome. Both the plaintiff and the defense will be able to present their opening statements during mediation. The defense will attempt to discredit any claims made by the plaintiff, citing independent medical examination findings or disputing the accident account. The defense will also argue that their estimate of the claim is less than the amount that the plaintiff's lawyer asked for. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then go between the rooms, carrying information from one side to the other. The plaintiff's personal injury lawyer will discuss their negotiating moves with the defense lawyer in an effort to convince them that the case is worth more than what they're offering. Certain insurance companies offer low-cost mediation offers to determine what the lawyer for the plaintiff will do. They want to know whether the lawyer representing the victim is scared of going to court and accept their low offer. It is important that a personal injuries lawyer is prepared for mediation prior to going to court. The insurance company can profit from this in the event that they aren't prepared, and can intimidate 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 help improve the outcome. This will save time and money. And it could even stop you from having to go to trial altogether. Trial After a thorough investigation your personal injury lawyer will be preparing to go to trial. This can take months. Your attorney will collect evidence like police reports, CCTV footage and medical and insurance documentation. They may also employ experts to determine the root of your injuries and to determine the extent of your injuries. A jury or judge decides whether you're entitled to damages, what much compensation you will receive and if you have the right to sue the party responsible. In a personal injury case it could be the compensation for physical suffering and pain permanent disability loss of enjoyment of life emotional distress, lost wages and more. Carson injury lawyers of personal injury lawyers work on a contingency basis which means that they don't get paid unless they prevail in your case. However, different attorneys follow different pricing strategies, therefore it is advisable to inquire about their fee structure prior signing a contract for representation. Your lawyer will have to establish four main elements regardless of the kind of case you're pursuing: duty, breach of duty, causation and damages. They must prove that the other person or firm owed you a duty to act in a particular manner, but didn't do it and caused injury or harm to you. They must demonstrate that their injuries caused you to suffer injuries, such as lost wages and medical bills or property damage. They will then have to convince the jury that you deserve a fair settlement for your losses. It is crucial to realize that the majority of personal injury cases settle outside of court via a settlement. It is usually quicker and less risky than going to trial. However you should know that your NYC personal injury lawyer will be prepared to bring your case to trial should you need to ensure the best outcome for you.