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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those whose lives have been disrupted by accidents in the car or medical errors, as well as workplace injuries. They assist them in obtaining compensation for any damages. Your attorney will ask for documents like police or accident reports, medical bills and records; employment and school details, as well as any other documentation that is relevant. Liability Analysis When an attorney for personal injury takes on a case, they start by determining the theory of liability. It is based on the accident type and the facts involved. 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 a defendant's failure to act with the level of care and prudence that an average person would have under similar circumstances. Fairfield injury lawsuit of negligent actions include driving when under the influence of drugs or alcohol reckless driving, a failure to use proper safety equipment, and not ensuring that roads are in good condition. If they believe that the responsible party could be held accountable then the attorney will begin discussions to negotiate an agreement to settle the financial issue. It may be necessary to present evidence, such as medical records, police reports and witness statements, to the insurance company. They will also collect information about the injured party's future medical expenses as well as lost wages and other damages. In many cases the insurance company will negotiate an equitable settlement. If not, he will prepare for trial and file a lawsuit against the any 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 plan to interview and could also employ an expert witnesses to describe the details of the case that they are unable to explain on their own. Before a trial starts the personal injury lawyer typically attends mediation with the representative of the insurance company and their client in order to negotiate an agreement. If a settlement cannot be reached, the attorney is ready to present their client's case in the court of law by bringing all necessary pleadings and motions. If you are considering hiring a personal injury lawyer it is important to compare their experiences, success rates and fees before making a final decision. You can ask friends family members, coworkers or even your own parents for recommendations or consider a lawyer referral service that is provided by your bar association. These services will match you with lawyers that are skilled in the field of law you require and who meet certain requirements. Discovery Personal injury cases that go to trial include a process called discovery. It is the time when the parties involved in a case must exchange information and evidence. In certain cases, this may lead to a settlement being reached, which will conclude the legal process. In other instances it could lead to the case being decided in the court of law, either by a judge or jury. In personal injury lawsuits, a large portion of the discovery involves gathering the evidence required to show that a third person was responsible for the accident and the injuries that resulted from it. This can include anything from medical bills and documents, photographs of the scene of the accident and even video footage. In some cases, expert testimony may be required to prove an assertion. During the process of discovery, your lawyer will also require you to submit any documents in your possession or under your control that are relevant to the case. Your lawyer could request copies of your insurance policies, the names and contact numbers of anyone who was involved in the accident or any other documentation that proves the loss of income. Interrogatories are written queries that you must answer under the oath. These could be questions about the health insurance coverage you have, the deductibles of these policies, as well as other pertinent details. There is also a process called depositions, and it involves the defense attorney giving your testimony under oath about the details of the incident and the injuries you sustained. Your lawyer should prepare you for the deposition in order to ensure that you feel confident. It is crucial to remain honest during the discovery process. Do not divulge any information to your lawyer. It can hurt your case. For instance, if you do not disclose that you have an existing medical condition, and it is worsened by your injuries, it can have a significant impact on the amount of money you receive from a settlement. Most Manhattan personal injury lawyers are on a contingency basis, meaning they will not charge you any costs unless they win your case. It is essential to discuss the billing process with your lawyer prior to making a decision to hire them. Mediation Mediation is the preferred method of resolution for the majority of personal injury cases. Litigation is the process of taking an issue before a court where a judge is required to decide the outcome. Mediation allows parties to come to an agreement through the help of an impartial third party, known as mediator. It is generally cheaper, faster and more cooperative than going to court. The goal of mediation should be to help both parties reach an agreement on a settlement that they both can live with. A good personal injury attorney will be able to structure the settlement in order that the client receives fair compensation. They will also be in a position to negotiate with the insurance company for the best possible outcome. Both the plaintiff and defense will be able to present their opening statements during mediation. The defense will try to discredit the plaintiff's claims and will cite any independent medical exam findings or disputing their account of the accident. The defense will also try to explain why their valuation of the claim is lower than what the attorney for the plaintiff demanded. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then go back and forth between the rooms, passing information from one side to the other. The plaintiff's lawyer will talk to the defense attorney about their negotiation strategies, and attempt to convince them that they are worth more than what they are offered. Some insurance companies make low mediation offers to see what the plaintiffs' lawyer will do. They want to determine whether the lawyer representing the victim is scared of going to court and accept their low offer. This is why it's important that an attorney for personal injury is prepared for mediation before they attend. The insurance company will make use of this advantage in the event that they aren't prepared and could sway the lawyer to accept a low-ball offer. Your personal injury lawyer will make use of this information to improve the outcome of your case if you're ready for mediation. This will save you time and money in the long time. And it could even stop you from going to trial altogether. Trial Your personal injury attorney will prepare for trial after a thorough investigation. This process can take several months. Your attorney will gather evidence, such as police reports and CCTV footage as well as medical and insurance documentation. They can also employ experts to determine the cause of the injury and to evaluate damages. A jury or judge will determine if the responsible party is at fault, how you should be compensated and for what damages you are entitled to. In a personal injury case, compensation can be given for physical pain and discomfort as well as permanent disability, emotional distress loss of enjoyment of the life, and lost earnings. The majority of personal injury attorneys are on a contingent basis, meaning that they're not paid until they are successful in settling your case. Different lawyers use different pricing structures which is why it's important to ask them about their fee structure prior to agreeing to represent you. No matter what nature of the personal injury claim you have your lawyer will need to prove four essential elements that include breach of duty, causation and damages. They must demonstrate that the other person or firm owed you a duty to behave in a specific way, but they failed to do so and caused injury or harm to you. They must demonstrate that you were a victim of damages like medical bills, lost wages and property damage and that these were the direct result of your injuries. They will then have to convince jurors that you deserve compensation for your losses. It is important to know that the majority (if not all) of personal injury cases are settled outside of court through a settlement. It is generally faster and less risky than going to trial. However it is important to note that your NYC personal injury lawyer will be able to go to trial if needed to ensure the best outcome for you.