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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who's lives were disrupted by accidents in the car or medical mistakes, or workplace injuries. They help them recover financial compensation for injuries and losses. To evaluate the value of your case Your attorney will ask for documents such as accident or police reports medical bills and documents, school and employment information as well as any other relevant documents. Liability Analysis A personal injury lawyer will first determine the legal basis for responsibility. It is determined by the nature of accident and the specific circumstances. The three most popular theories of liability in personal injury cases are negligence, strict liability and breach of warranty. Negligence claims arise when a defendant fails to act with the same level of care and prudence as a reasonable individual in similar circumstances. Examples of negligent actions include driving while impaired by drugs or alcohol recklessness, inability to use safety equipment, and failing to maintain roads in good condition. If the attorney believes the person responsible can be held responsible, they will begin negotiating an agreement on financial terms. It is possible to present evidence, like medical records, police reports and witness statements, to the insurance company. They will also collect information regarding the injured party's future medical expenses as well as lost wages and other damages. In many instances, an insurance company will settle for a fair amount. If not, the attorney will prepare for trial by filing a lawsuit against the responsible party and ensuring all evidence is prepared to be presented before the court. They will inform their client of any witnesses they intend to contact, and they may hire an expert witness to describe certain aspects they are unable to explain themselves. Personal injury lawyers will participate in mediation prior to a trial to try and reach an agreement with their client and the insurance company representative. If a settlement cannot be reached, the attorney will be prepared to present his client's case before a court of law, bringing all necessary pleadings and motions. If you are considering hiring an attorney for personal injury, you should compare their experiences, success rates and fees before making a decision. Ask friends, family or coworkers to recommend a lawyer or check out the lawyer referral service run by your bar. These services can match you with lawyers who are skilled in your field of expertise and who meet certain requirements, such as being a member of the state bar and having an established track record of happy clients. Discovery All personal injury cases that go to trial require the process of discovery. It is the time when both parties in a case have to share information and evidence. In certain cases, this may result in a settlement being reached, which will stop the legal proceedings. In other instances, it will result in the case being settled in the courts of law, either by jurors or judges. In personal injury cases, a significant part of the process of discovery is gathering evidence to prove that the accident and injuries resulted from the negligence of another party. This could include any medical bills, documents, photographs of the scene of the accident and even video footage. In certain instances expert testimony might be required to support the claim. During the discovery phase, your lawyer will ask you to provide any documents you have in your possession that relate to your case. For instance, your lawyer will request copies of any insurance policies that you currently have in force, the names of anyone who was involved in the accident, as well as any other evidence of lost income. Other requests will include interrogatories, which are written questions that you have to answer under oath. These could be questions about the health insurance you have, the deductibles on these policies, as well as other relevant details. There is also a procedure known as depositions, which entails the defense attorney giving your testimony under oath concerning the circumstances of the accident and your injuries. Your lawyer will prepare your deposition to ensure that you feel confident. It is essential to be honest during the discovery process. Keep any information you have from your lawyer. It can hurt your case. For example, if you do not declare that you have a preexisting condition, and that condition is aggravated by your injuries, it could significantly impact the amount you receive in a settlement. The majority of Manhattan personal injury lawyers are on a contingency basis which means they won't charge you any charges unless they succeed in winning your case. However, it is important to discuss billing plans with your potential attorney before you hire them. Mediation The majority of personal injury cases are resolved through mediation instead of litigation. Litigation is the process of taking an issue before a court where a judge will decide the outcome. Mediation is, on the other hand allows parties to come to a mutually agreeable settlement by utilizing a neutral third party called a mediator. It's generally cheaper, quicker and more tolerant than a trial. The goal of mediation is to bring both sides to agree on a settlement amount everyone can live with. A good personal injury attorney will know how to structure the settlement in order that the client gets an equitable amount of compensation. They will also be in a position to negotiate with the insurance company to achieve the best possible outcome. In mediation, both plaintiff and defense will be given an opportunity to make their opening statements. The defense will attempt to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident account. The defense will also discuss why they value the claim lower than the amount sought by the plaintiff's attorney. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then go back and forth, passing information from one room to the next. The lawyer for the plaintiff will talk to the defense attorney about their negotiating strategies, and try to convince them that they are worth more than the offer. Some insurance companies offer low-cost mediation offers to determine what the plaintiffs' lawyer will do. They want to find out if the victim's lawyer is scared of going to trial and accept their low-ball offer seriously. This is why it's important that a personal injury lawyer is well-prepared for mediation before attending it. The insurance company can profit from this if they are not prepared and could sway the lawyer to accept a lower-cost offer. If you're ready to negotiate but not sure how your personal injury lawyer can utilize that information to help improve the outcome. This can save time and money. And it could even stop you from having to go to trial at all. Trial Your personal injury lawyer will prepare for trial following an exhaustive investigation. This can take months. Your attorney will gather evidence, including police reports and CCTV footage, medical and insurance documents. They may also employ experts to determine the root of your injuries and to evaluate the damages you have suffered. A jury or judge will determine if the responsible party is to blame, how much compensation you are entitled to and for what damages you are entitled to. In a personal injury lawsuit, compensation can be given for physical discomfort and pain permanent disability, emotional distress, loss of enjoyment of life, and loss of wages. The majority of personal injury lawyers work on a contingency basis that means they don't get paid unless they prevail in your case. However, Rochester injury lawyer use different pricing strategies, so it is best to ask about their fee structure prior signing up to representation. Your lawyer will have to establish four main elements regardless of the kind of case you're pursuing such as breach of duty, causation and damages. They must prove that the other party or business had a legal obligation to you to act in a certain manner and failed to do so. This caused you harm/injuries. They must prove that your injuries resulted in damages such as medical bills and lost wages, or property damage. Then, they'll need to convince the jury that you have a right to an equitable settlement for your loss. It is important to understand that the vast majority of personal injury cases settle outside of court through a settlement. Settlements are usually faster and less risky than trial. However you should know that your NYC personal injury lawyer will be able to go to trial should you need to ensure the best possible outcome for you.