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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who are affected by car accidents or medical mishaps, as well as workplace injuries. They assist them in obtaining compensation for the damages. To assess your case's value Your attorney will ask for documents such as accident or police reports, medical bills and records, employment and school information, as well as any other pertinent documentation. Liability Analysis When a personal injury lawyer takes on an instance, they begin by determining the theories of the liability. It depends on the accident type and the facts involved. The three most commonly used theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. Negligence claims are made when a defendant fails exercise the same degree of care and prudence as a reasonable individual in similar circumstances. Examples of negligent actions include driving under the influence of drugs or alcohol, reckless driving, failure to use proper safety equipment, and failing to ensure roadways are in good working order. If they believe that the responsible party could be held accountable, the attorney will start discussions to negotiate a financial settlement. This may involve presenting evidence to the insurance company, such as medical documents, police reports and witness statements. They may also gather information about the injured party's medical expenses in the future as well as lost wages and other damages. In many cases, an insurance company will agree to settle for an amount that is fair. If not, the lawyer will prepare for trial by filing an action against the party responsible and ensuring that all evidence is ready to be presented before the court. They will also inform the client of witnesses they plan to contact, and they may engage an expert witness to discuss aspects that they cannot explain themselves. Personal injury lawyers are required to take part in mediation prior to trial to negotiate an agreement with their client and the representative of the insurance company. If a settlement cannot be reached, the attorney will be ready to present his client's case to the court of law and bringing all the necessary pleadings and motions. Before making a choice, compare the track record, success rate and costs of any personal injury lawyer you are looking at. Ask family members, friends or coworkers to recommend a lawyer, or look into the lawyer referral service run by your bar. These services can connect you with lawyers who have experience in the area of law you need and meet certain requirements. Discovery All personal injury cases that go to trial are subject to the process of discovery. It is a period during which both parties involved in the case are required to share information and evidence with each other. In some cases, this will lead to a settlement being reached, which will end the legal process. In some instances, this could result in a settlement being reached which will end the legal proceedings. In personal injury claims there is a significant portion of the investigation involves obtaining the necessary evidence to show that a third person 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 some cases expert witness testimony could be required to prove an action for damages. During the discovery phase, your attorney will ask you for any documents you have in your possession that relate to your case. For example, your lawyer will request copies of any insurance policies that you are currently enrolled in, the names of anyone who was involved in the incident, and any other evidence of loss of income. Other requests will include interrogatories that are written questions you must answer under oath. They could ask you questions about any health insurance coverage you have, the deductibles on the policies, or other relevant information. Depositions are another process where the defense attorney is able to take your testimony under oath regarding the details of the incident or the injuries you sustained. Your lawyer will prepare your deposition to ensure that you feel confident. It is important to remain truthful during the discovery process. If you hide any information from your attorney, it can affect your case. If you do not disclose a preexisting medical condition and your injuries get worse and you are affected by the amount of the compensation you receive. The majority of Manhattan personal injury lawyers operate on a contingency basis, which means they will not charge you any fees until they win your case. However, it is important to discuss billing plans with the attorney you're considering prior to hiring them. Mediation Most personal injury cases are resolved through mediation rather than litigation. Litigation involves taking a matter to court where the jury or judge decides the outcome. Mediation is a method for parties to come to an agreement with the help of an impartial third party called mediator. It is generally less expensive, faster and more cooperative than going to court. The aim of mediation is to help both parties agree on a settlement that they can be content with. A skilled personal injury lawyer will know how to structure an agreement that provides the client with fair compensation. They will also be in a position to negotiate with the insurance company for the best possible outcome. In mediation, both plaintiff and defense will have an opportunity to make 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 account. The defense will also argue why their valuation of the claim is lower than what the attorney for the plaintiff requested. The mediator will then separate the two parties into separate rooms after the opening statements. The mediator will then go between rooms, passing information from one room to the next. The plaintiff's personal injury lawyer will discuss their negotiation strategies with the defense attorney and try to convince them that the case is worth more than the amount they're offering. Certain insurance companies will make low-ball offers during mediation to determine what the plaintiff's lawyer will do. They want to know whether the victim's lawyer is afraid of going to trial and will accept their low offer seriously. It is important that a personal injuries lawyer is prepared for mediation prior the time they attend. If they're not, the insurance company can use that to their advantage by threatening the lawyer to accept their low offer. If you're willing to go through mediation however, your personal injury lawyer can use that information to help improve the outcome. This will save time and money. And it may even prevent you from having to go to trial in the first place. Trial After a thorough investigation, your personal injury lawyer will be preparing to go to trial. It could take a long time. Your attorney will collect evidence like police reports, CCTV footage and medical and insurance papers. They may also hire experts to determine the source of the injury and to assess damages. A judge or jury decides whether you're entitled to damages, what much compensation you will receive and if you have the right to sue the responsible party. In a personal injury case there is a possibility of compensation for physical discomfort and pain, permanent disability, emotional anxiety, loss of enjoyment of life, and loss of wages. The majority of personal injury attorneys are contracted on a contingency basis, meaning they are not paid until they win your case. However, Hayward injury lawyers use different pricing strategies, so it is best to inquire about their fee structure prior to signing a contract for representation. Your lawyer must prove four key elements regardless of the type of case you're trying to resolve the following: breach of duty, causation and damages. They will need to show that the other person or company owed you a duty to act in a particular manner, but didn't do it and that caused you harm or injury. They will have to prove that your injuries caused you to suffer expenses like medical bills and lost wages, or property damage. Then, they'll need to convince the jury that you deserve a fair settlement for your losses. It is crucial to understand that the majority (if not all) of personal injury cases are settled out of court by the settlement. Settlements are usually faster and less risky than trials. Your NYC personal injury lawyer will be prepared to go to trial to ensure the best result for you.