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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those who's lives have been affected by car accidents or medical mistakes, or workplace injuries. They assist them in obtaining compensation for any damages. Your attorney will ask for documents such as police or accident reports, medical bills and records; school and employment information, and any other relevant documentation. Liability Analysis When a personal injury lawyer takes on the case, they begin by determining the theories of the liability. This is based on the nature of incident and the specific facts involved. The three most commonly used theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. Negligence claims arise when a defendant fails perform the same amount of care and caution as a reasonable person would in similar circumstances. Examples of negligent conduct include driving under the influence of alcohol or drugs reckless driving, inability to use the proper safety equipment, and not ensuring that roads are in good working order. If they believe that the responsible party could be held accountable and the attorney begins negotiations for an agreement to settle the financial issue. This could include presenting evidence to the insurance company such as medical documents, police reports and witness statements. They will also collect information regarding the injured party's medical expenses in the future as well as lost wages and other damages. In many instances the insurance company will agree to a fair settlement. If not, the lawyer will prepare for trial by filing a lawsuit against the party responsible and ensuring that all evidence is prepared to be presented in court. They will inform their client of any witnesses they intend to contact, and they may employ an expert witness to explain aspects that they cannot explain by themselves. Personal injury attorneys will take part in mediation prior to trial to attempt to reach a settlement with their client and the representative from the insurance company. If a settlement is not reached, the attorney will be ready to present his client's case before an appropriate court by bringing all necessary motions and pleadings. Before making a decision take the time to compare the success rate, experience and fees of personal injury lawyer you are contemplating. You can ask friends family members, coworkers or even your own parents for recommendations or consider a lawyer referral service that is provided by your bar association. These services will pair you with lawyers who are experienced in the area of law you need and meet certain requirements. Discovery All personal injury cases that go to trial require the process of discovery. It is the time when both parties in a case must provide evidence and information. In some cases, this could lead to a settlement being reached, which will end the legal proceedings. In certain instances, this could result in a settlement reached, which will stop the legal process. In personal injury cases, a large part of the discovery process involves gathering evidence to establish that the injury and accident resulted from the negligence of another party. This could include anything from medical bills and records, photos of the scene of the accident and even video footage. In certain cases expert testimony could be required to prove the claim. During the discovery stage, your attorney will ask you to provide any documents you have in your possession that pertain to your case. For instance the lawyer will ask for copies of any insurance policies you currently have in force as well as the names of anyone who was a victim of the accident, as well as any other evidence of loss of income. Other requests may include interrogatories that are written questions you must answer under oath. These questions could concern your health insurance, the deductibles of those policies, or other relevant information. There is also a procedure called depositions, which involves the defense attorney giving your testimony under oath about the facts of the accident and the injuries you sustained. Your lawyer should prepare your deposition to ensure you feel comfortable. It is important to remain truthful during the discovery process. Hide any information from your lawyer. It could harm your case. If you do not divulge a medical condition that is preexisting and your injuries aggravate it and you are affected by the amount of money that you receive. Most Manhattan personal injury attorneys are on a contingent basis, which means that they won't charge you any fees until they have won your case. However, it is important to discuss billing plans with the attorney you're considering before you choose them. Mediation The majority of personal injury cases are resolved by mediation instead of litigation. Litigation is the process of bringing a case before a court where a judge is required to decide the outcome. Mediation, on the other hand allows parties to reach a mutually agreeable settlement with the assistance of a neutral third party called mediator. It's generally cheaper, quicker and more tolerant than a trial. The purpose of mediation is to get both sides to reach an agreement on a settlement amount everyone can agree to. A competent personal injury lawyer will be able to craft a settlement that provides the client with an appropriate amount of compensation. They will also be able to negotiate with the insurance company to get the most favorable outcome. Both the plaintiff and defense will be able to make their opening statements during mediation. The defense will attempt to discredit any claims made by the plaintiff using independent medical examination findings or denying the accident report. The defense will also try to explain why their valuation of the claim is lower than what the attorney for the plaintiff 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 between the rooms, transferring information from one side to the other. The plaintiff's personal injury lawyer will discuss their negotiating moves with the defense attorney in an effort to convince them that the case is worth more than the amount they're offering. Certain insurance companies will make low-ball mediation offers to see what the lawyer for the plaintiff will do. They want to find out if the victim's lawyer is scared of going to trial and will accept their low-ball offer. This is why it's vital that an attorney for personal injury is well-prepared for mediation prior to attending. If they're not then the insurance company could make use of this by persuading the lawyer to accept their low offer. If you're willing to go through mediation however your personal injury lawyer can leverage this information to help improve the outcome. This can save time and money. You might not even need to appear in court. Trial After a thorough investigation, your personal injury lawyer will prepare to trial. It could take a long time. Your lawyer will gather evidence, including police reports and CCTV footage as well as medical and insurance documentation. They may also employ experts to determine the cause of your injuries and to evaluate the damages you have suffered. Harlingen injury lawyer or jury determines whether you're entitled to damages, how much compensation you should receive and if you can sue the responsible party. In a personal injury case this could include the payment of physical pain and suffering permanent disability loss of enjoyment life emotional distress, loss of wages and more. The majority of personal injury attorneys are on a contingent basis, meaning that they're not paid until they win your case. However, different attorneys use different pricing structures, therefore it is advisable to inquire about their fee structure prior to agreeing to representation. No matter what kind of personal injury case you have your lawyer will need to prove four key elements: duty, breach, causation and damages. They must demonstrate that the other party or company owed you a duty to act in a certain manner, but did not perform their duty and that caused you harm or injury. They must prove that your injuries caused you to incur damages such as medical bills and lost wages, or property damage. They will then need to convince the jurors that you are entitled to compensation for your losses. It is important to know that the majority (if not all) of personal injury cases are settled out of court by the settlement. Settlements are usually faster and less risky than trial. Your NYC personal injury attorney will be ready for trial to ensure the best outcome for you.