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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who's lives have been affected by accidents in the car, medical errors or workplace injuries. They help them obtain the financial compensation for injuries and losses. To assess your case's value Attorneys will request documents including police or accident reports, medical bills and documents, school and employment information and any other relevant documents. Liability Analysis When an attorney for personal injury takes on a case, they start by determining the basis of responsibility. It is determined by the nature of accident and the particular facts involved. In personal injury cases, the three most common theories are strict liability, negligence and breach of warranty. Negligence claims stem from the defendant's inability to act with the same degree of care and prudence reasonable people would exercise in similar circumstances. Examples of negligent acts include driving a car impaired by alcohol or drugs recklessness, failure to use safety equipment, and ignoring the need to keep roads in good condition. If the attorney believes the party responsible for the fault could be held accountable, they will begin negotiating a financial agreement. This could include providing evidence to the insurance company, such as medical documents, police reports and witness statements. They may also gather information regarding the injured party's medical expenses in the future as well as lost wages and other damages. In most cases the insurance company will accept a fair settlement. If not the attorney will prepare for trial by filing an action against the responsible party and making sure all evidence is prepared to be presented before the court. They will inform their client of witnesses they plan to interview, and could hire an expert witness to describe certain aspects they are unable to be able to explain by themselves. Personal injury lawyers are required to participate in mediation prior to a trial to negotiate an agreement 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 in court, bringing the appropriate pleadings, motions and petitions along with them. Before making a decision take the time to compare the success rate, experience and fees of any personal injury lawyers you're looking at. Ask your family, friends or colleagues to recommend a lawyer or take advantage of the lawyer referral service offered by your bar. These services will match you with lawyers who are experienced in the field of law you are interested in and who meet certain requirements for example, being a member of the state bar and having a a record of satisfied clients. Discovery Personal injury cases that go to trial are subject to the process of discovery. It is the time where both parties in a case must exchange information and evidence. In some cases this will result in a settlement which will end legal proceedings. In other cases it can lead to the case being settled in the court of law, either by jurors or judges. In personal injury lawsuits the majority of the discovery involves gathering the evidence needed to establish that a different person was responsible for the incident and the injuries that resulted from it. This could include any medical bills, documents, photographs of the accident scene, and even video footage. In certain cases expert witness testimony could be required to back an action for damages. During the process of discovery Your lawyer will require you to submit any documents that you have in your possession or under your control that pertain to the case. Your lawyer might request copies of your insurance policies along with the names and contact details of any person involved in the incident, as well as any other evidence of income loss. Other requests may include interrogatories which are written questions you have to answer under oath. These questions could be about your health insurance, the deductibles on these policies, or any other pertinent information. Depositions are another process where the defense attorney takes your testimony under oath regarding the details of the incident or the injuries you sustained. Your lawyer should work closely with you to prepare you for your deposition, so that you are confident going into the session. It is crucial to be honest during the discovery process. Hide any information from your lawyer. It can hurt your case. For instance, if you do not disclose that you have an existing condition, and that condition is aggravated by your injuries, it could have a significant impact on the amount you receive from a settlement. Most Manhattan personal injury lawyers operate on a contingency fee that means they will not charge you any fees unless they win your case. However, it is important to discuss billing structures with the attorney you're considering before you hire them. Mediation The majority of personal injury cases are resolved via mediation, rather than through litigation. Litigation involves taking a matter to court where a judge or jury decides the outcome. Mediation is, on the other hand allows parties to reach an agreement that is mutually acceptable with the assistance of an impartial third party, referred to as a mediator. It's usually cheaper, quicker and more tolerant than a trial. The aim of mediation is to bring both sides to reach an agreement on a settlement that everyone can accept. A skilled personal injury lawyer will know how to structure an agreement that provides the client with an appropriate amount of compensation. They can also work with the insurer to ensure the best outcome. Both the plaintiff and defense will be able to make their opening statements during mediation. The defense will try to discredit any claims made by the plaintiff using independent medical examination findings or disputing the accident account. The defense will also explain why they value the claim lower than the amount requested by the plaintiff's attorney. After the opening statements, the mediator will break the two parties into separate rooms. The mediator will then go back and forth, 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 the amount offered. Some insurance companies will make low-ball mediation offers to see what the lawyer representing the plaintiff will do. They want to see whether the lawyer representing the victim is afraid of going to court and will accept their low offer. 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 in the event that they aren't prepared and could sway the lawyer into accepting a low-ball offer. If you're ready to negotiate but not sure how, your personal injury lawyer can use this information to increase the chances of success. This will save you time and money. And it may even prevent you from going to trial altogether. Trial After a thorough investigation, your personal injury lawyer will be preparing to go to trial. This could take months. Your lawyer will gather evidence, such as police reports and CCTV footage, medical and insurance documents. Worcester injury attorney YouTube may also employ experts to determine the source of your injuries as well as assess your damages. A judge or jury determines whether you are entitled to damages, what much compensation you should receive and if you are able to sue the person responsible. In a personal injury lawsuit there is a possibility of compensation for physical discomfort and pain, permanent disability, emotional anxiety loss of enjoyment of life, and loss of earnings. The majority of personal injury lawyers are on a contingency basis that means they don't get paid unless they win your case. Different lawyers have different pricing methods which is why it's important to inquire about their fees before deciding to represent you. Regardless of the type of personal injury case you are facing your lawyer will need to prove four essential elements which are breach of duty, duty, causation and damages. They will need to show that the other party or company owed you a duty to act in a particular way, they failed to do so and caused injury or harm to you. They must demonstrate that you have suffered losses, such as medical bills as well as lost wages and property damage, and that they resulted directly from your injuries. They will then need to convince jurors that they deserve compensation for your losses. It is crucial to understand that the vast majority (if not all) of personal injury cases are settled outside of court by an agreement. Settlements are usually faster and less risky than a trial. However, your NYC personal injury lawyer will be able to take your case to trial if necessary to secure the best possible outcome for you.