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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those who are affected through car accidents or medical mishaps, as well as workplace injuries. They assist them in obtaining the financial compensation for injuries and losses. To evaluate the value of your case Your attorney will ask for documents, including police or accident reports, medical bills and records, employment and school information as well as any other relevant documentation. Liability Analysis When a personal injury lawyer takes on an instance, they begin by determining the theories of the liability. This depends on the type of incident and the specific facts involved. The three most popular theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. Negligence claims arise when a defendant fails perform the same amount of care and prudence as a reasonable person in similar circumstances. Examples of negligent acts include driving when under the influence of drugs or alcohol reckless driving, failure to use appropriate safety equipment and failing to ensure that roads are in good working order. If the attorney believes 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 gather information regarding the injured party's medical expenses in the future or lost wages, as well as other damages. In many instances, the insurance company will negotiate an acceptable settlement. If not the lawyer 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 call and may hire expert witnesses to describe the details of the case that they are unable to explain on their own. Personal injury lawyers are required to participate in mediation prior to a trial to negotiate a settlement with their client and the representative of the insurance company. If a settlement cannot be reached, the attorney will be ready to present their client's case in a court of law, bringing all necessary pleadings and motions. Before making a decision consider the success rate, experience and fees of any personal injury lawyers you're looking at. Ask your family, friends or colleagues to recommend a lawyer or take advantage of the lawyer referral program offered by your bar. These services can match you with lawyers who have experience in your field of expertise and meet certain criteria like being an active member of the state bar or having a the track record of having satisfied clients. Discovery Personal injury cases that go to trial involve 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 cases, this could result in a settlement being reached, which will conclude the legal proceedings. In other instances, it will lead to the case being resolved in the court of law by jurors or judges. In personal injury cases the majority of the investigation involves obtaining the necessary evidence to show that a third party was responsible for the accident and the injuries that resulted from it. This can range from medical bills and records to photos of the site of the accident as well as video footage. In certain instances expert witness testimony could be required to prove the claim for damages. During the process of discovery Your lawyer will require you to submit any documents in your possession or under your control that pertain to the case. Your lawyer might request copies of your insurance policies, the names and contact numbers of anyone involved in the accident, or other evidence of income loss. Other requests could include interrogatories, which are written questions you have to answer under the oath. These questions could be about your health insurance, the deductibles of those policies, or other pertinent information. Depositions are another process where the defense attorney takes your testimony under oath about the facts of the accident or your injuries. Your lawyer should prepare you for the deposition in order to ensure you feel comfortable. It is important to be honest during the discovery process. If you conceal any information from your attorney, it may affect your case. For instance, if you don't declare that you have a preexisting condition, and that condition is aggravated by the injuries you sustained, it could significantly impact the amount of money you receive in settlement. The majority of Manhattan personal injury lawyers operate on a contingency fee which means they won't charge you any charges unless they prevail in your case. It is nevertheless important to discuss billing plans with the lawyer you are considering prior to hiring them. Mediation Mediation is the preferred method of settling most personal injury cases. Litigation is the process of taking a case to court and a judge or jury decides the outcome. Mediation is, on the other hand allows parties to reach a mutually agreeable settlement with the assistance of a neutral third party called a mediator. It is usually less expensive and quicker than going to court. The purpose of mediation is to get both sides to agree on a settlement amount everyone can agree to. A skilled personal injury lawyer will be able to craft a settlement that provides the client with fair compensation. They will also be able negotiate with the insurance company to ensure the best outcome. In mediation, both plaintiff and the defense will have the opportunity to present their opening statements. The defense will try to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident report. The defense will also provide reasons why they value the claim less than the amount demanded by the lawyer representing the plaintiff. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then move between the rooms, transferring information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiation strategy with the defense lawyer in an effort to convince them that the case is worth more than the amount they're offering. Some insurance companies will offer low-ball mediation offers to see what the lawyer representing the plaintiff will do. They want to see whether the attorney representing the victim is scared of going to court and will accept their low offer. It is important that a personal injury lawyer is prepared for mediation prior to going to court. If they're not then the insurance company could profit by threatening the lawyer to accept their low offer. Your personal injury lawyer will use this information to improve the outcome of your case if willing to go through mediation. This will save you time and money. And it may even prevent you from having to go to trial altogether. Trial After a thorough investigation, your personal injury lawyer will prepare to go to trial. It could take a long time. Your lawyer will gather evidence, including police reports and CCTV footage, medical and insurance documents. They can also engage experts to determine the cause of the injury and to assess damages. A jury or judge decides whether you're entitled to damages, and how much compensation you are entitled to and if you are able to sue the person responsible. In a personal injury case this could include the compensation for physical pain and suffering, permanent disability, loss of enjoyment of life, emotional distress, lost wages, and much more. The majority of personal injury attorneys are on a contingent basis, meaning they are not paid until they succeed in winning your case. Different lawyers have different pricing structures which is why it's important to inquire about their fee structure before signing a contract to represent you. Regardless of the kind of personal injury case you are facing your lawyer will need to prove four key elements which are breach of duty, duty, causation and damages. They must show that the other party or company had a legal obligation to you to behave in a certain manner and did not perform the duty. The result was that you suffered injuries or harm. Gilbert injury lawsuit must prove that you were a victim of damages, such as medical bills, lost wages and property damage and that these were directly caused by your injuries. They will then have to convince jurors that they deserve compensation for your losses. It is crucial to understand that the majority (if not all) of personal injury cases are settled outside of court by an agreement. Settlements are generally quicker and less risky than trial. However you should know that your NYC personal injury lawyer will be ready to take your case to trial if needed to ensure the best possible outcome for you.