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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who are affected by car accidents, medical mistakes or workplace injuries. They assist them in obtaining financial compensation for injuries and losses. To determine the value of your case Your attorney will ask for documents including police or accident reports medical bills and records, employment and school information and any other relevant documents. Liability Analysis A personal injury lawyer will first determine the theory of responsibility. Billings injury attorneys is determined by the nature of accident and the particular circumstances involved. In personal injury cases, the three most common theories are strict liability and negligence, as well as breach of warranty. Negligence claims stem from the defendant's inability to act with the level of care and caution that reasonable people would exercise under similar circumstances. Examples of negligent actions include driving a car when impaired by drugs or alcohol, recklessness, failure to use safety equipment, and not keeping roads in good condition. If the attorney believes the party at fault can be held responsible and they begin to negotiate a financial agreement. This could include presenting evidence to the insurance company such as medical records, police reports or witness statements. They will also collect information about the injured party's medical expenses in the future, lost wages, and other damages. In many instances the insurance company will agree to an acceptable settlement. If not the attorney 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 inform their client of any witnesses they intend to interview, and could engage an expert witness to describe the details they are not able to explain themselves. Personal injury attorneys will participate in mediation prior to a trial to attempt to reach a settlement with their client and the representative of the insurance company. If a settlement cannot be reached, the attorney will be ready to present their client's case to an appropriate court, bringing all necessary motions and pleadings. Before making a choice take the time to compare the track record, success rate and costs of any personal injury lawyer you are looking at. You can ask friends and family members, or colleagues for recommendations or consider the services of a lawyer referral program that is run by your bar association. These services will connect you with lawyers who have experience in your area of law and meet certain criteria, such as being a member of the state bar or having a an established track record of happy clients. Discovery Personal injury cases that go to trial require a process known as discovery. It is the time where both parties in a case have to share information and evidence. In some cases, this will result in a settlement reached, which will end the legal process. In other instances it can 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 investigation process involves gathering the evidence necessary to show that the injuries and accident were caused by another person. This can include anything from medical bills and documents, photographs of the accident scene, and even video footage. In some cases expert witness testimony might be needed to support an action for damages. During the discovery process Your lawyer will request any documents in your possession or control that pertain to the case. For example the lawyer will ask for copies of any insurance policies that you are currently enrolled in as well as the names of anyone who was involved in the accident, as well as any other evidence of loss of income. Interrogatories are written inquiries that you must answer under oath. These questions may be related to your health insurance, the deductibles for these policies, or any other pertinent information. Depositions are another process where the defense attorney is able to take your testimony under oath regarding the facts of the accident or your injuries. Your lawyer will work closely with you in preparing you for your deposition to ensure you feel confident about your testimony before the session. It is essential to be honest during the discovery process. If you conceal any information from your attorney, it may affect your case. For example, if you don't reveal that you suffer from a preexisting health issue, and that condition is worsened by the injuries you sustained, it could affect the amount you receive in settlement. The majority of Manhattan personal injury attorneys are on a contingent basis, which means that they don't charge any fees until they have won your case. It is crucial to discuss the billing structure with your attorney before hiring 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 the jury or judge decides the outcome. Mediation allows parties to reach an agreement through the help of an impartial third party, called mediator. It is usually less expensive and quicker than going to court. The purpose of mediation is to bring both sides to reach an agreement on a settlement amount everyone can live with. An experienced personal injury lawyer will know how to structure the settlement so that the client receives fair compensation. They will also be able to negotiate with the insurance company to achieve the best possible outcome. Both the plaintiff and the defense can make their opening statements at mediation. The defense will try to discredit any claims made by the plaintiff using independent medical examination findings or denying the accident account. The defense will also discuss why they consider the claim lower than the amount sought by the lawyer representing the plaintiff. The mediator will then divide the two parties into separate rooms following the opening statements. The mediator will then move back and forth, transferring information from one room to the next. The plaintiff's personal injury lawyer will discuss their negotiation strategy with the defense lawyer, trying to convince them that the case is worth more than what they're offering. Certain insurance companies will make low offers during mediation to determine what the lawyer representing the plaintiff will do. They want to determine if the victim's attorney is scared of going to court and will accept their low offer. It is important that a personal injuries lawyer is prepared for mediation prior the time they attend. If they're not then the insurance company could make use of this by intimidating the lawyer into accepting their low offer. Your personal injury lawyer will utilize this information to improve the outcome of your case if ready for mediation. This will save you time and money in the long in the long run. And it could even stop you from going to trial altogether. Trial Your personal injury lawyer will prepare for trial following a an extensive investigation. This can take months. Your lawyer will gather evidence, including police reports, CCTV footage, medical and insurance documents. They may also hire experts to determine the source of your injuries and to evaluate the damages you have suffered. A judge or jury will decide if the responsible party is at fault, how much you should be compensated and for what damages you are entitled to. In a personal injury lawsuit there is a possibility of compensation for physical pain and discomfort, permanent disability emotional anxiety and loss of enjoyment life, and the loss of earnings. Most personal injury attorneys work on a contingent basis, meaning they are not paid until they are successful in settling your case. Different lawyers use different pricing models and it's a good idea to inquire about their fee structure prior to agreeing to represent you. Whatever kind of personal injury case you are facing the lawyer you hire will have to prove four key elements that include breach of duty, causation and damages. They will have to show that the other party or business was obligated to you to act in a particular way and failed to do so. The result was that you suffered injuries or harm. They must prove that your injuries caused you to incur damages such as lost wages and medical bills, or property damage. Then, they'll need to convince the jury that you deserve an appropriate settlement for your loss. It is important to realize that the majority (if not all) of personal injury cases are settled out of court by an agreement. It is generally faster and less risky than going to trial. Your NYC personal injury attorney will be ready for trial to get the best result for you.