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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives are disrupted through car accidents or medical errors, or workplace injuries. They help them obtain the financial compensation for injuries and losses. Your lawyer will request documents like police or accident reports, medical bills and documents; employment and school information, as well as any other documentation that is relevant. Liability Analysis When a personal injury lawyer decides to take on the case, they begin by determining the theories of liability. This is based on the nature of accident and the particular circumstances involved. The three most commonly used theories of liability in personal injury cases are negligence and strict liability, as well as breach of warranty. Negligence claims are made when a defendant does not exercise the same degree of care and prudence as a reasonable person would in similar circumstances. Examples of negligent conduct include driving a car impaired by drugs or alcohol recklessness, inability to use safety equipment, and failing to maintain roads in good condition. If the attorney believes the party at fault can be held responsible and they begin to negotiate a financial agreement. It could be necessary to provide evidence, such as medical records, police reports and witness statements, to the insurance company. They may also gather information regarding the injured party's medical expenses in the future, lost wages, and other damages. In many instances, the insurance company will agree to a fair settlement. If not, the lawyer will prepare for trial by filing an action against the responsible party and ensuring all evidence is prepared to be presented in court. They will also inform 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 cannot explain on their own. Before a trial starts, the personal injury attorney usually participates in mediation with the representative of the insurance company and their client in order to negotiate a settlement. If there is no settlement, the attorney will be prepared to present their client's case in court, bringing the appropriate pleadings, motions and petitions together. Before making a decision take the time to compare the track record, success rate and fees of any personal injury lawyers you are considering. Ask friends, family or coworkers to recommend a lawyer. You can also check out the lawyer referral program offered by your bar. These services will match you with lawyers who are experienced in your area of law and who meet certain requirements, such as 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 require a process known as discovery. It is a time during which both parties involved in the case are required to share information and evidence with one another. In some instances, this could lead to a settlement, which will end legal proceedings. In some instances, this could result in a settlement reached, which will stop the legal process. In personal injury cases, a large portion of the discovery involves gathering the necessary evidence to show that a third party was responsible for the incident and the injuries that resulted from it. This can be everything from medical bills to records, photos of the scene of the accident, and even video footage. In certain instances expert testimony might be required to back an assertion. During the discovery process the lawyer will request any documents you have in your possession or under your control that pertain to your case. Your lawyer could request copies of your insurance policies as well as the names and contact information of anyone who was involved in the incident, as well as any other evidence of income loss. Other requests could include interrogatories that are written questions that you have to answer under oath. They could ask you questions about any health insurance you have, the deductibles of these policies, as well as other pertinent information. There is also a procedure called depositions, and it involves the defense attorney giving your testimony under oath regarding the details of the incident and your injuries. Your lawyer should prepare you for the deposition in order to ensure you feel comfortable. It is important to be honest throughout the discovery process. Keep any information you have from your lawyer. It could harm your case. For instance, if don't declare that you have a preexisting condition, and that condition is aggravated by your injuries, it could have a significant impact on the amount of money you receive in a settlement. Most Manhattan personal injury lawyers work on a contingent basis, which means that they will not charge you any fees until they win your case. However, it is important to discuss billing structures with the lawyer you are considering before you choose them. Mediation Mediation is the preferred method of resolution for most personal injury cases. Litigation is the process of bringing a case before a court where a judge is required to decide on the outcome. Mediation however, allows parties to reach a mutually agreeable settlement by utilizing an impartial third party known as mediator. It's generally less expensive, faster and more collaborative than a trial. Bethlehem injury lawyer of mediation is to bring both sides to agree on a settlement that everyone can agree to. An experienced personal injury lawyer will be able to structure the settlement so that the client receives an equitable amount of compensation. They will also be able negotiate with the insurance company to get the best result. Both the plaintiff as well as the defense will be able to make their opening statements during a mediation. The defense will try to discredit any claims made by the plaintiff, citing independent medical examination findings or denying the accident account. The defense will also discuss why they believe the claim is lower than the amount sought by the plaintiff's lawyer. After the opening statements, the mediator will break the two parties into separate rooms. The mediator will then go back and forth between rooms, passing information from one side to the other. The lawyer for the plaintiff 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. Certain insurance companies offer low-cost mediation offers to see what the plaintiffs' lawyer will do. They want to know whether the victim's lawyer is scared of going to trial and accept their low offer. It is essential that a personal injuries lawyer is prepared for mediation prior to attending. If they're not prepared, the insurance company may make use of this by intimidating the lawyer to accept their offer. Your personal injury lawyer will use this information to help improve the outcome of your case if willing to go through mediation. This will save you time and money. And it could even stop you from having to go to trial at all. Trial After a thorough investigation, your personal injury lawyer will prepare to go to trial. This could take months. Your attorney will gather evidence, such as police reports and CCTV footage medical and insurance records. They can also employ experts in order to determine the cause of injury and to evaluate damages. A judge or jury will decide if the responsible party is at fault, how much compensation you are entitled to and the amount to which you are entitled to. In a personal injury case it could be the payment of physical suffering and pain permanent disability loss of enjoyment life emotional distress, loss of wages, and much more. The majority of personal injury lawyers work on a contingency basis that means they aren't paid until they prevail in your case. However, different attorneys use various pricing models therefore it is advisable to ask about their fee structure before agreeing to representation. Your lawyer must establish four main elements, regardless of the type of case you're pursuing such as breach of duty, causation and damages. They will have to show that the other party, or company had a duty to you to behave in a particular way and failed to do so. The result was that you suffered injuries or harm. They will have to prove that your injuries caused you to suffer damages such as medical bills and lost wages, or property damage. They will then have to convince jurors that they deserve compensation for your losses. It is crucial to understand that the vast majority (if not all) of personal injury cases are settled outside of court by the settlement. Settlements are generally quicker and less risky than trials. Your NYC personal injury attorney will be ready for trial to get the best possible outcome for you.