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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those who have been affected by accidents in the car or medical mishaps, as well as workplace injuries. They assist in recovering compensation for any damages. Your lawyer will request documents such as police or accident reports, medical bills and documents; employment and school information, as well as any other documentation that is relevant. Liability Analysis A personal injury lawyer will initially determine the theory of responsibility. You Tube depends on the type of accident and the specific circumstances involved. The three most popular theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. Negligence claims are made when a defendant fails to perform the same amount of care and caution as a reasonable person would in similar circumstances. Examples of negligent actions include operating a motor vehicle 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 they believe that the party at fault can be held liable then the attorney will begin negotiations for an agreement on the financial side. It is possible to provide evidence, including medical records, police reports and witness statements to the insurance company. They may also gather information about the injured party's medical expenses in the future as well as lost wages and other damages. In most instances the insurance company will negotiate an acceptable settlement. If not, the attorney will prepare for trial by filing a lawsuit against the responsible party and making sure all evidence is ready to be presented before the court. They will also notify their client of any witnesses they intend to interview and could also employ an experts to explain aspects of the case that they are unable to explain on their own. Personal injury lawyers are required to take part in mediation prior to trial to attempt to reach an agreement with their client and the insurance company representative. If a settlement is not reached, the attorney will be prepared to present his client's case to the court of law and bringing all the necessary motions and pleadings. Before making a choice take the time to compare the experience, success rate and fees of any personal injury lawyers you're considering. You can ask your friends family members, coworkers or even your own parents for recommendations, or you can look into the lawyer referral service that is run by your bar association. These services will connect you with lawyers who are skilled in your field of expertise and meet certain criteria for example, being an active member of the state bar and having a an established track record of happy clients. Discovery Personal injury cases that go to trial have the process of discovery. This is the time that both parties in a case are required to provide evidence and information. In some cases this will lead to a settlement, which will put an end to legal proceedings. In some cases, this may result in a settlement being reached that will end the legal proceedings. In personal injury cases, a major part of the discovery process involves gathering the evidence necessary 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 instances, expert witness testimony may be required to prove an action for damages. During the discovery process, your lawyer will also require you to submit any documents that you have in your possession or under your control that pertain to the case. For instance your lawyer may request copies of any insurance policies that you are currently enrolled in as well as the names of anyone who was involved in the accident, as well as any other documentation of lost income. Other requests could include interrogatories, which are written questions you must 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, which involves the defense attorney giving your testimony under oath about the details of the incident and the injuries you sustained. Your lawyer should work closely with you to prepare for your deposition, so you feel confident about your testimony before the session. It is important to be honest during the discovery process. Do not divulge any information to your lawyer. It could harm your case. If you don't disclose a preexisting medical condition and your injuries aggravate it and you are affected by the amount of the compensation you receive. The majority of Manhattan personal injury lawyers work on a contingency basis that means they will not charge you any costs unless they prevail in your case. However, it is important to discuss billing structures with your potential attorney prior to hiring them. Mediation The majority of personal injury cases are resolved via mediation, rather than through litigation. Litigation is the process of bringing the case to court where a judge will decide the outcome. Mediation however allows parties to reach an agreement on a mutually beneficial settlement by utilizing an impartial third party, referred to as a mediator. It is generally less expensive and quicker than going to court. The goal of mediation is to bring both sides to reach an agreement on a settlement amount everyone can live with. A competent personal injury lawyer will be able to craft an agreement that provides the client with fair compensation. They can also work with the insurer to ensure the best outcome. Both the plaintiff and the defense will be able to make their opening statements at mediation. The defense will attempt to discredit the claims of the plaintiff and will cite any independent medical examination findings or denying their account of the incident. The defense will also provide reasons why they value the claim lower than the amount sought by the plaintiff's lawyer. 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 attorney in an effort to convince them that the case is worth more than what they're offering. Some insurance companies make low offers during mediation to see what the plaintiff's lawyer will do. They want to find out if the victim's lawyer is scared of going to trial and will accept their low offer seriously. It is essential that a personal injury lawyer is prepared for mediation prior the time they attend. If they're not, the insurance company can profit by threatening the lawyer to accept their offer. If you're ready for mediation but not sure how your personal injury lawyer can leverage this information to increase the chances of success. This will save you time and money. And it may even prevent you from having to go to trial at all. Trial After a thorough investigation, your personal injury lawyer will be preparing to go to trial. This can take months. Your attorney will gather evidence, including police reports, CCTV footage and medical and insurance papers. They can also engage experts in order to determine the cause of injury and to evaluate damages. A jury or judge will determine if the responsible party is at fault, as well as how much compensation you are entitled to and the amount to which you are entitled to. In a personal injury lawsuit it could be the compensation for physical pain and suffering, permanent impairment loss of enjoyment life emotional distress, lost wages and more. Most personal injury attorneys are on a contingent basis, meaning they are not paid until they win your case. Different attorneys use different pricing methods, so it's best to inquire about their fee structure before signing a contract to represent you. Your lawyer will have to demonstrate four essential elements, regardless of the type of case you're trying to resolve such as breach of duty, causation, and damages. They will have to prove that the other party, or company had a legal obligation to you to behave in a specific manner, but did not follow through. This caused you harm/injuries. They will have to prove that your injuries resulted in injuries, such as medical bills and lost wages, or property damage. They will then need to convince the jurors that you are entitled to compensation for your losses. It is crucial to realize that the majority of personal injury cases settle outside of court via a settlement. It's generally quicker and less risky than going to trial. However you should know that your NYC personal injury lawyer will be prepared to go to trial should you need to ensure the best possible outcome for you.