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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who's lives have been affected by car accidents, medical errors or workplace injuries. They help them recover compensation for any damages. To determine the value of your case, your attorney will request documents such as accident or police reports medical bills and records, employment and school information as well as any other relevant documentation. Liability Analysis When an attorney for personal injury takes on the case, they begin by determining the theory of responsibility. This is based on the nature of incident and the specific circumstances 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 made when a defendant fails to exercise the same degree of care and caution as a reasonable person in similar circumstances. Examples of negligent acts include driving a vehicle impaired by drugs or alcohol recklessness, inability to use safety equipment, and failing to maintain roads in good order. If the attorney believes that the party at fault can be held responsible and they begin to negotiate an agreement on financial terms. It may be necessary to present evidence, such as 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 most instances the insurance company will negotiate a fair settlement. If not, he will prepare for trial and file a lawsuit against any responsible party. He will also make sure that all evidence is in order for court. They will also notify their client of any witnesses they plan to call, and may also hire an expert witnesses to describe the details of the case that they are unable to explain on their own. Personal injury attorneys will participate in mediation prior to a trial to attempt to reach an agreement with their client and the representative of the insurance company. If there is no settlement, the lawyer will be prepared to present their client's case to the court, bringing appropriate pleadings, motions and petitions with them. If you're thinking of hiring an attorney for personal injury it is important to compare their expertise, success rate fees, and other factors before making a final decision. You can ask friends, family members or coworkers for recommendations or look into a lawyer referral service that is run by your bar association. These services will match you with lawyers who have experience in the field of law you are interested in and who meet certain requirements, such as being an active member of the state bar and having a a record of satisfied clients. Discovery Personal injury cases that go to trial are subject to a process known as discovery. This is the time that both parties in a case have to exchange information and evidence. In some cases this will result in a settlement, which will stop legal proceedings. In other cases it could result in the case being settled in the court of law by a judge or jury. In personal injury cases, a large part of the investigation process involves gathering evidence to prove that the accident and injuries were caused by a third party. This can be anything from medical documents and bills to photographs of the accident site and video footage. In certain cases expert testimony might be required to prove the claim. During the process of discovery, your lawyer will also ask you to provide any documents that you have in your possession or control that pertain to the case. For instance the lawyer will ask for copies of any insurance policies you currently have in force and the names of any person who was involved in the incident, and any other evidence of lost income. Other requests may include interrogatories, which are written questions you must answer under oath. These might be questions regarding any health insurance you have, the deductibles for the policies, or other relevant details. Depositions are another process in which the defense attorney will take your testimony under oath regarding the facts of the accident or injuries. Your lawyer should prepare your deposition to ensure that you feel confident. It is important to be honest during the discovery process. If you conceal any information from your attorney, it may harm your case. If you do not divulge a medical condition that is preexisting and your injuries aggravate it the chances are that you will be affected by the amount the money you receive. The majority of Manhattan personal injury lawyers are on a contingent basis, meaning they don't charge any fees until they win your case. It is important to discuss the billing arrangement with your attorney before making a decision to hire them. Mediation Mediation is the preferred method of resolution for the majority of personal injury cases. Litigation is the process of taking a case to court and a judge or jury decides the outcome. Mediation allows parties to come to an agreement with the assistance of an impartial third party, known as a mediator. It is generally less expensive, faster and more cooperative than going to court. The aim of mediation is to get both sides to agree on a settlement that everyone can agree to. A good personal injury attorney will be able to structure the settlement so that the client receives fair compensation. They will also be in a position to negotiate with the insurance company to get the best possible result. Both the plaintiff and defense will be able to present their opening statements during a mediation. The defense will try to discredit the claims of the plaintiff, citing any medical examination findings from independent sources or denying their account of the incident. The defense will also try to explain that their estimate of the claim is lower than what the attorney for the plaintiff demanded. After the opening statements The mediator will then break the two parties into separate rooms. The mediator will then go between rooms, passing information from one room to the next. The lawyer for the plaintiff will talk to the defense attorney about their negotiating strategies, and attempt to convince them that they are worth more than the amount offered. Some insurance companies will make low offers during mediation to see what the lawyer for the plaintiff's attorney will do. They want to find out if the victim's lawyer is scared of going to trial and take their low offer. This is why it's important that a personal injury lawyer is prepared for mediation prior to attending. Insurance companies will use this to their advantage when they're not prepared, and can intimidate the lawyer into accepting a low-ball offer. If you're willing to go through mediation however your personal injury lawyer can utilize the information you have to increase the chances of success. This will save you time and money in the long in the long run. You might not need to appear in court. Trial After a thorough investigation, your personal injury lawyer will prepare to trial. This could take months. Your lawyer will gather evidence, including police reports, CCTV footage as well as medical and insurance documentation. They can also engage experts to determine the source of your injuries and to evaluate the damages you have suffered. Gastonia injury lawyer YouTube or jury will determine if the responsible party is to blame, how much you should be compensated and the amount to which you are entitled to. In a personal injury case, this can include the payment of physical suffering and pain permanent impairment loss of enjoyment life emotional distress, loss of wages, and much more. The majority of personal injury lawyers operate on a contingency fee which means that they don't get paid unless they win your case. However, different attorneys follow different pricing structures, therefore it is advisable to ask about their fee structure prior to agreeing to representation. Your lawyer will have to establish four main elements regardless of the type of case you're pursuing: duty, breach of duty, causation, and damages. They must demonstrate that the other party or company owed you a duty to act in a certain way, but they did not perform their duty and this caused you harm/injuries. They must prove that your injuries caused you to suffer expenses like lost wages and medical bills or property damage. They must then convince jurors that you have a right to compensation for your losses. It is crucial to understand that the majority (if not all) of personal injury cases are settled out of court by an agreement. Settlements are usually faster and less risky than trials. Your NYC personal injury lawyer will be ready to take on trial in order to get the best result for you.