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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those who have been affected by car accidents, medical mistakes or workplace injuries. They help them recover the financial compensation for damages and losses. To determine the value of your case, 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 documentation. Liability Analysis A personal injury lawyer will initially determine the legal basis for responsibility. This depends on the type of accident and the particular facts involved. In personal injury cases the three most commonly used theories are strict liability as well as negligence and breach of warranty. Negligence claims are based on the defendant's inability to exercise the same level of care and prudence that a reasonable person would under similar circumstances. Examples of negligent acts include operating a motor vehicle when under the influence of alcohol or drugs reckless driving, failure to use proper safety equipment, and failing to ensure roadways are in good condition. If they believe that the responsible party can be held liable then the attorney will begin negotiations for an agreement on the financial side. It may be necessary to present evidence, like medical records, police reports and witness statements, to the insurance company. They will also gather information regarding the injured party's future medical expenses, lost wages and other damages. In many cases, the insurance company will agree to an equitable settlement. If not, he will prepare for trial and file a lawsuit against the responsible party. He will also make sure that all evidence is prepared for court. They will also inform the client of witnesses they plan to contact, and they may employ an expert witness to describe the details they are not able to be able to explain by themselves. Before a trial begins, the personal injury attorney typically attends mediation with the representative of the insurance company and their client in order to negotiate a settlement. If there is no settlement the lawyer will be prepared to present their client's case in court, bringing the appropriate motions, pleadings and petitions together. If you are considering hiring a personal injury lawyer You should evaluate their expertise, success rate, fees and more before making a final decision. Ask family members, friends or colleagues to recommend a lawyer. You can also take advantage of the lawyer referral program offered by your bar. These services will connect you with lawyers who are skilled in your field of expertise and who meet certain requirements for example, being a member of the state bar or having a an established track record of happy clients. Discovery All personal injury cases that go to trial involve a process known as discovery. It is a time in which the parties involved in the case are required to share evidence and information with each other. In some cases, this may result in a settlement, which will end legal proceedings. In other cases it could result in the case being settled in a court of law, either by a judge or jury. In personal injury cases, a significant part of the discovery process is gathering evidence to establish that the injuries and accident were caused by a third person. This can be anything from medical bills and records to photos of the accident site and video footage. In some cases expert testimony could be required to back a claim. During the process of discovery the lawyer will ask you to provide any documents in your possession or control that are relevant to the case. For example your lawyer may request copies of any insurance policies you are currently enrolled in as well as the names of anyone who was a victim of the accident, as well as any other evidence of loss of income. Other requests could include interrogatories, which are written questions you must answer under oath. These might be questions regarding any health insurance coverage you have, the deductibles for these policies, as well as other pertinent information. Depositions are another procedure where the defense attorney is able to take your testimony under oath about the circumstances of the accident or your injuries. Your lawyer should prepare you for the deposition to make sure you are comfortable. It is crucial to be honest throughout the discovery process. If you conceal any information from your attorney, it could affect your case. If you don't reveal a preexisting medical condition and your injuries aggravate it the chances are that you will be affected by the amount of the compensation you receive. Most Manhattan personal injury attorneys work on a contingent basis, which means that they will not charge you any fees until they win your case. It is crucial to discuss the billing structure with your attorney before making a decision to hire them. Fullerton injury lawsuits are resolved by mediation rather than litigation. Litigation is the process of bringing the case to court, where a judge will decide the outcome. Mediation however allows parties to come to an agreement on a mutually beneficial settlement by utilizing a neutral third party called a mediator. It's usually less expensive, faster and more tolerant than a trial. The aim of mediation is to force both parties to reach an agreement on a settlement that everyone can agree to. 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 to get the best possible outcome. During a mediation, both the plaintiff and defense will have an opportunity to make their opening statements. 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 provide reasons why they value the claim lower than the amount sought by the plaintiff's lawyer. The mediator will then split the two parties in separate rooms following the opening statements. The mediator will then go back and forth between rooms, transferring information from one side to the other. The lawyer for the plaintiff will talk to the defense attorney about their negotiation strategies, and try to convince them that they are worth more than the offer. Certain insurance companies will make low offers during mediation to see what the lawyer for the plaintiff's attorney will do. They want to see if the victim's attorney is afraid of going to court and will accept their low offer. It is crucial that a personal injury lawyer is prepared for mediation prior the time they attend. The insurance company will profit from this if they are not prepared, and can intimidate the lawyer into accepting a low-ball offer. If you're ready for mediation however, your personal injury lawyer can use the information you have to improve your outcome. This will save you time and money. And it could even stop you from having to go to trial altogether. Trial Your personal injury lawyer will prepare for trial following an exhaustive investigation. This process can take several months. Your lawyer will gather evidence such as police reports, CCTV footage and medical and insurance documentation. They can also employ experts to determine the source of the injury and to evaluate damages. A judge or jury determines whether you're entitled to damages, and how much compensation you should receive and if you can sue the responsible party. In a personal injury lawsuit, compensation can be given for physical pain and discomfort, permanent disability emotional stress loss of enjoyment of life, and the loss of wages. The majority 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 use various pricing models so it is best to inquire about their fee structure before signing a contract for representation. Your lawyer must prove four key elements regardless of the type of case you're pursuing: duty, breach of duty, causation, and damages. They must prove that the other party or company had a duty to you to behave in a specific manner and failed to do so. This caused you harm/injuries. They must demonstrate that you have suffered losses including medical bills or lost wages, as well as property damage and that these were directly caused by your injuries. Then, they will need to convince the jury that you deserve a fair settlement for your losses. It is important to recognize that the vast majority of personal injury cases settle out of court by settling. Settlements are generally quicker and less risky than trial. However you should know that your NYC personal injury lawyer will be prepared to bring your case to trial if necessary to ensure the best possible outcome for you.