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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who have been affected through car accidents or medical mishaps, as well as workplace injuries. They assist them in obtaining financial compensation for the losses and damages. To determine the value of your case, your attorney will request documents, including police or accident reports, medical bills and records, employment and school information, as well as any other pertinent documents. Liability Analysis A personal injury lawyer will initially determine the theory of responsibility. It depends on the incident nature and the circumstances. In personal injury cases, the three most common theories are strict liability and negligence, as well as breach of warranty. Negligence claims arise 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, inability to use the proper safety equipment and failing to ensure that roads are in good working order. If they believe that the at-fault party could be held accountable then the attorney will begin discussions to negotiate an agreement to settle the financial issue. It may be necessary to provide evidence, such as medical records, police reports and witness statements, to the insurance company. Palatine injury lawyers will also gather details about the injured person's future medical expenses or lost wages, as well as other damages. In many cases, an insurance company will settle for an amount that is fair. If not the lawyer will prepare for trial by filing a lawsuit against the responsible party and making sure all evidence is prepared to be presented before the court. They will also inform their client about any witnesses they intend to contact, and they may employ an expert witness to describe certain aspects they are unable to explain themselves. Personal injury lawyers are required to attend mediation before a trial to attempt to reach a settlement with their client and the representative from the insurance company. If no settlement is reached the attorney will be prepared to present their client's case to the court, bringing the appropriate pleadings, motions and petitions along with them. Before you make a decision consider the success rate, experience and fees of personal injury lawyer you are looking at. Ask friends, family or coworkers to recommend a lawyer or check out the lawyer referral program offered by your bar. These services will match you with lawyers who are experienced in the area of law you require and who meet certain requirements. Discovery All personal injury cases that go to trial include the process of discovery. It is a period during which both parties involved in the case are required to share information and evidence with one another. In some cases, this will lead to a settlement being reached, which will stop the legal proceedings. In some cases, this may result in a settlement reached that will end the legal proceedings. In personal injury cases, a large part of the process of discovery involves gathering evidence to prove that the injury and accident were caused by a third person. This can be anything from medical bills and records to photos of the accident site and video footage. In certain cases expert witness testimony could be required to back the claim for damages. During the process of discovery the lawyer will request any documents in your possession or under your control that pertain to the case. For example the lawyer will ask for copies of any insurance policies you are currently enrolled in and the names of any person who was involved in the incident, and any other evidence of lost income. Other requests could include interrogatories that are written questions you have to answer under oath. These questions could be about your health insurance, the deductibles for these policies, or any other relevant information. There is also a process known as depositions, which entails the defense attorney giving your testimony under oath concerning the facts of the accident and the injuries you sustained. Your lawyer should prepare you for the deposition in order to ensure that you feel confident. It is important to be honest throughout the discovery process. If you conceal any information from your attorney, it can harm your case. If you fail to divulge a medical condition that is preexisting and your injuries aggravate it, you could be affected by the amount the money you receive. Most Manhattan personal injury lawyers work on a contingent basis, meaning they don't charge any fees until they win your case. It is crucial to discuss the billing structure with your attorney before making a decision to hire them. Mediation Mediation is the preferred method of settling the majority of personal injury cases. Litigation is the process of bringing an issue before a court where a judge will determine the outcome. Mediation is a method for parties to come to an agreement through the help of an impartial third party known as a mediator. It's usually cheaper, quicker, and more cooperative than a trial. The goal of mediation is to help both parties reach an agreement on a settlement that they can live with. A good personal injury lawyer will be able to craft a settlement that provides the client with a fair amount of compensation. They will also be able negotiate with the insurance company to get the best result. Both the plaintiff as well as the defense will be able to present their opening statements during a mediation. The defense will attempt to discredit the claims of the plaintiff by citing any independent medical examination findings or denying their own claim of the incident. The defense will also discuss why they consider the claim less than the amount demanded by the plaintiff's lawyer. The mediator will then split the two parties into separate rooms following the opening statements. The mediator will then move between rooms, passing information from one room to the next. The lawyer representing the plaintiff will speak to the defense attorney about their negotiating strategies, and then try to convince them that they are worth more than what they are offered. Certain insurance companies make low offers at mediation to see 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 offer. This is why it's important that the personal injury lawyer is prepared for mediation before they attend. If they're not prepared, the insurance company may use that to their advantage by persuading the lawyer to accept their offer. Your personal injury lawyer will use this information to help improve the outcome of your case if ready for mediation. This will save you time and money in the long in the long run. It could even save you from having to go to trial in the first place. Trial The personal injury attorney you choose will prepare for trial following an exhaustive investigation. This process can take several months. Your lawyer will gather evidence, including police reports, CCTV footage and medical and insurance documents. They may also hire experts to determine the cause of your injuries as well as determine the extent of your injuries. A jury or judge will decide if the party responsible is at fault, how you should be compensated and for what damages you are entitled to. In a personal injury lawsuit you may be awarded compensation for physical pain and discomfort permanent disability, emotional anxiety, loss of enjoyment of the life, and lost earnings. The majority of personal injury lawyers are on a contingent basis, meaning that they're not paid until they succeed in winning your case. However, different attorneys follow different pricing structures, so it is best to ask about their fee structure prior agreeing to representation. Your lawyer must prove four key 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 was obligated to you to act in a particular way and did not follow through. The result was injury or harm to you. They must prove that your injuries caused you to suffer expenses like medical bills, lost wages or property damage. Then, they will need to convince the jury that you deserve a fair settlement for your losses. It is important to realize that the majority (if not all) of personal injury cases are settled outside of court by the settlement. It is usually quicker and less risky than going to trial. However, your NYC personal injury lawyer will be ready to go to trial should you need to ensure the best possible outcome for you.