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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who's lives were disrupted by car accidents or medical errors, as well as workplace injuries. They help them obtain the financial compensation they deserve for their injuries and losses. To determine the value of your case 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 relevant documentation. Liability Analysis A personal injury lawyer will first determine the basis of liability. This depends on the type of accident and the specific facts involved. In personal injury cases the three most popular theories are strict liability, negligence and breach of warranty. Negligence claims are based on the defendant's inability to exercise the same level of care and prudence that an average person would have under similar circumstances. Examples of negligent actions include operating a motor vehicle under the influence of alcohol or drugs, reckless driving, failure to use appropriate safety equipment, and not ensuring that roads are in good order. If they believe that the responsible party could be held accountable and the attorney begins discussions to negotiate a financial settlement. It could be necessary to provide evidence, including medical records, police reports and witness statements, to the insurance company. They may also gather details about the injured person's medical expenses in the future or lost wages, as well as other damages. In many instances, the insurance company will accept an equitable settlement. If not the attorney 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 their client of any witnesses they plan to interview and could also employ an experts to explain aspects of the case they are unable to explain on their own. Before a trial begins the personal injury lawyer usually participates in mediation with the insurance company representative and their client in order to negotiate a settlement. If a settlement isn't reached, the attorney is prepared to present his client's case in an appropriate court, bringing all necessary motions and pleadings. Before making a choice, compare the experience, success rate and fees of any personal injury lawyer you are contemplating. Ask family members, friends or coworkers to recommend a lawyer, or take advantage of the lawyer referral program offered by your bar. These services can connect you with lawyers that are skilled in the field of law you require and who meet certain requirements. Discovery All personal injury cases that go to trial include a process called discovery. It is a time during which the parties involved in the case are required to share information and evidence with each other. In some instances, this could result in a settlement which will stop legal proceedings. In some cases, this will result in a settlement reached that will end the legal proceedings. In personal injury cases, a major part of the discovery process is gathering evidence to show that the injuries and accident resulted from the negligence of another person. This can range from medical records and bills to photos of the site of the accident as well as video footage. In certain cases, expert witness testimony may be needed to support the claim for damages. During the discovery phase, your lawyer will request any documents you may have in your possession that pertain to your case. Your lawyer may ask for copies of your insurance policies, the names and contact information of anyone who was involved in the accident, or other documentation proving lost income. Interrogatories are written inquiries to which you must respond under oath. These questions could be about your health insurance, the deductibles of those policies, or other relevant 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 the injuries you sustained. Your lawyer should work closely with you in preparing you for your deposition to ensure you feel confident before you go into the deposition. It is important to be honest throughout the discovery process. If you conceal any information from your attorney, it may harm your case. If you don't reveal a preexisting medical condition and your injuries worsen it, you could be affected by the amount of the money you receive. Most Manhattan personal injury attorneys work on a contingent basis, meaning they will not charge you any fees until they have won your case. It is important to discuss the billing process with your lawyer prior to making a decision to hire them. Mediation Mediation is the preferred method of settling most personal injury cases. Litigation is the process of bringing a case before a court where a judge will decide on the outcome. Danbury injury lawyer is, on the other hand, allows parties to reach an agreement that is mutually acceptable by utilizing an impartial third party known as a mediator. It is generally less expensive and quicker than going to court. The purpose of mediation should be to help both parties reach an agreement on a settlement that they can be content with. A competent personal injury lawyer will know how to structure a settlement that provides the client with a fair amount of compensation. They will also be competent to negotiate with the insurance company to achieve the most favorable outcome. Both the plaintiff and the defense will be able to present their opening statements during mediation. 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 explain that their estimate of the claim is lower than the amount that the plaintiff's lawyer asked for. The mediator will then split the two parties in separate rooms following the opening statements. The mediator will then go back and forth, transferring information from one room to the next. The lawyer for the plaintiff will talk to the defense attorney about their negotiating strategies, and then try to convince them that they are worth more than what they are offered. Some insurance companies will make low offers during mediation to determine what the plaintiff's lawyer will do. They want to know whether the attorney representing the victim is afraid of going to court and will accept their low offer. This is why it's vital that an attorney for personal injury is prepared for mediation prior to attending. If they're not then the insurance company could use that to their advantage by threatening the lawyer into accepting their low offer. If you're ready for mediation however, your personal injury lawyer can utilize this information to help improve the outcome. This will save you time and money in the long run. It could even save you from having to go to trial in the first place. Trial After an extensive investigation, your personal injury lawyer will prepare to go to trial. The process could take a few months. Your attorney will gather evidence, such as police reports, CCTV footage medical and insurance records. They may also hire experts in order to determine the cause of the injury and to determine the extent of damage. A judge or jury determines whether you're entitled to damages, how much compensation you will receive and if you are able to sue the person responsible. In a personal injuries case there is a possibility of compensation for physical discomfort and pain permanent disability emotional distress, loss of enjoyment of life, and the loss of earnings. Most personal injury attorneys work on a contingent basis, meaning they are not paid until they win your case. However, different attorneys follow different pricing structures, therefore it is advisable to ask about their fee structure prior to signing up to representation. Whatever type of personal injury case you have, your lawyer will need to prove four essential elements that include breach of duty, causation and damages. They will have to prove that the other party, or company had a duty to you to behave in a specific manner, but failed to do so. This caused you harm/injuries. They must demonstrate that you have suffered losses like medical bills, lost wages and property damage and that these resulted directly from your injuries. They will then need to convince the jurors that you have a right to compensation for your losses. It is important to know that the vast majority (if not all) of personal injury cases are settled out of court through an agreement. It's generally quicker and less risky than going to trial. However, your NYC personal injury lawyer will be ready to take your case to trial if necessary to ensure the best possible outcome for you.