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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who have been affected by car accidents or medical errors, or workplace injuries. They help them obtain the financial compensation for injuries and losses. To evaluate the value of your case, your attorney will request documents, including police or accident reports, medical bills and records, 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 type and the facts involved. The three most popular theories of liability in personal injury cases are negligence and strict liability, as well as breach of warranty. The basis for negligence claims is a defendant's failure to act with the same degree of care and caution that reasonable people would exercise under similar circumstances. Examples of negligent conduct include operating a motor vehicle while under the influence of drugs or alcohol, reckless driving, failure to use proper safety equipment and failing to ensure roadways are in good order. If the attorney believes that the person responsible can be held accountable then they will begin negotiations for a financial agreement. This may involve giving evidence to the insurance company such as medical records, police reports and witness statements. They may also collect details about the injured person's future medical expenses as well as lost wages and other damages. In most cases, the insurance company will negotiate a fair settlement. If not, the insurer will prepare for trial and file a lawsuit against responsible party. He will also ensure that all evidence is prepared for the court. They will also notify their client of any witnesses they plan to call, and may also hire an experts to explain aspects of the case they are unable to explain on their own. Before the trial begins the personal injury attorney will usually attend mediation with the representative from 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 to the court, bringing the appropriate pleadings, motions and petitions along with them. Before making a decision consider the experience, success rate and fees of any personal injury lawyers you're considering. Ask your family, friends or coworkers to recommend a lawyer, or take advantage of the lawyer referral service offered by your bar. These services will connect you with lawyers who have experience in the field of law you are interested in and meet a set of criteria, such as being a member of the state bar or having a the track record of having satisfied clients. Read Home Page that go to trial require a process known as discovery. It is a time during which the parties involved in the case are required to share information and evidence with one another. In some instances, this could result in a settlement, which will stop legal proceedings. In some cases, this may lead to a settlement being reached, which will stop the legal process. In personal injury lawsuits there is a significant portion of the investigation involves obtaining the necessary evidence to establish that a different party was responsible for the incident and the injuries that resulted from it. This can be any medical bills, documents, photographs of the accident scene, and even video footage. In certain cases expert witness testimony could be needed to support an action for damages. During the discovery stage, your attorney will ask you for any documents you have in your possession that pertain to the case. For instance the lawyer will ask for copies of any insurance policies you currently have in force, the names of anyone who was a victim of the accident, as well as any other documentation of lost income. Other requests could include interrogatories that are written questions you have to answer under oath. These questions may be related to your health insurance, the deductibles on the policies, or other pertinent information. 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 the injuries you sustained. Your lawyer will collaborate closely with you in preparing you for your deposition, so that you are confident about your testimony before the session. It is essential to be honest throughout the discovery process. Hide any information from your lawyer. It could harm your case. For instance, if you don't declare that you have a preexisting medical condition, and it is made worse by the injuries you sustained, it could have a significant impact on the amount you receive in a settlement. The majority of Manhattan personal injury lawyers operate on a contingency basis, meaning they won't charge you any fees until they win your case. It is essential to discuss the billing arrangement with your lawyer prior to hiring them. Mediation The majority of personal injury cases are resolved by mediation, rather than through litigation. Litigation is the process of taking a case to court and the jury or judge decides the outcome. Mediation however allows parties to reach an agreement that is mutually acceptable with the assistance of a neutral third party called mediator. It is generally less expensive and faster than going to court. The aim of mediation should be to get both parties to agree on a settlement that they can live with. A good personal injury attorney will know how to structure the settlement so that the client receives an equitable amount of compensation. They'll also be able to negotiate with the insurance company for the best possible outcome. Both the plaintiff as well as the defense can make their opening statements during a mediation. The defense will attempt to discredit the claims of the plaintiff, citing any independent medical exam findings or disputing their account of the accident. The defense will also explain why they believe the claim is lower than the amount sought by the plaintiff's lawyer. The mediator will then split the two parties into separate rooms after the opening statements. The mediator will then go back and forth, transferring information from one room to the next. The plaintiff's personal injury lawyer will discuss their negotiating moves with the defense attorney and try to convince them that the case is worth more than what they're offering. Some insurance companies make low mediation offers to determine what the lawyer for the plaintiff will do. They want to determine whether the attorney 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 the time they attend. Insurance companies will profit from this when they're not prepared, and may entice the lawyer to accept a lower-cost offer. If you're ready to negotiate however, your personal injury lawyer can utilize that information to improve your outcome. This will save you time and money in the long run. You might not even need to go to court. Trial After an extensive investigation, your personal injury lawyer will be preparing to go to trial. This could take months. Your attorney will gather evidence, such as police reports, CCTV footage medical and insurance records. They can also employ experts to determine the source of the injury and to assess damages. A jury or judge decides whether you're entitled to damages, how much compensation you are entitled to and if you are able to sue the party responsible. In a personal injury case there is a possibility of compensation for physical pain and discomfort as well as permanent disability emotional stress and loss of enjoyment the life, and lost earnings. The majority of personal injury lawyers are contracted on a contingency basis, meaning that they're not paid until they succeed in winning your case. Different lawyers have different pricing methods which is why it's important to inquire about their fees before deciding to represent you. Whatever kind of personal injury claim you have, your lawyer will need to prove four essential elements: duty, breach, causation and damages. They must show that the other party, or company had a duty to you to act in a particular way and did not follow through. The result was that you suffered injuries or harm. They must demonstrate that their injuries resulted in expenses like lost wages and medical bills, or property damage. They will then have to convince the jury that you are entitled to an equitable settlement for your losses. It is important to know that the majority (if not all) of personal injury cases are settled outside of court through an agreement. Settlements are generally quicker and less risky than trial. Your NYC personal injury attorney will be ready to go to trial to get the best possible result for you.