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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people whose lives have been disrupted by accidents in the car, medical errors or workplace injuries. They assist them in obtaining compensation for any damages. To determine the value of your case Attorneys will request documents such as accident or police reports medical bills and documents, school and employment information and any other relevant documents. Liability Analysis A personal injury lawyer will first determine the basis of liability. This is based on the nature of incident and the specific circumstances involved. The three most commonly used theories of liability in personal injury cases are negligence, strict liability and breach of warranty. Negligence claims stem from the defendant's inability to act with the same degree of care and caution that an average person would have under similar circumstances. Examples of negligent conduct include driving while impaired by drugs or alcohol, recklessness, failure to use safety equipment and failing to maintain roads in good condition. If the attorney believes that the party at fault can be held accountable and they begin to negotiate a financial agreement. It may be necessary to provide evidence, such as medical records, police reports and witness statements, to the insurance company. They will also collect information regarding the injured party's medical expenses in the future or lost wages, as well as other damages. In many instances the insurance company will agree to an acceptable settlement. If not, the insurer will prepare for trial and file a lawsuit against the responsible party. He will also make sure that all evidence is prepared to be presented in court. Palmdale injury lawyer will also inform the client of any witnesses they intend to interview, and could hire an expert witness to describe aspects that they cannot be able to explain themselves. Before a trial starts the personal injury attorney usually participates in mediation with the representative of the insurance company and their client in order to reach an agreement. If no settlement is reached the lawyer will be prepared to present their client's case to the court, bringing the appropriate documents, such as motions, and pleadings along with them. If you are thinking of hiring a personal injury lawyer You should evaluate their experience, success rate fees, and other factors before making a final decision. You can ask your friends, family members or coworkers for recommendations, or you can look into a lawyer referral service which is managed by your bar association. These services will pair you with lawyers who are experienced in the area of law you need and who meet certain criteria. 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 evidence and information with one another. In some instances, this could lead to a settlement, which will put an end to legal proceedings. In some cases, this will lead to a settlement being reached which will end the legal proceedings. In personal injury claims there is a significant portion of the discovery involves gathering the evidence required to establish that a different party was accountable for the incident and the injuries that resulted from it. This can range from medical records and bills to photos of the site of the accident as well as video footage. In certain instances expert witness testimony might be required to back the claim for damages. During the process of discovery Your lawyer will ask you to provide any documents in your possession or under your control that pertain to the case. For example, your lawyer will request copies of any insurance policies you are currently enrolled in, the names of anyone who was a victim of the accident, and any other documentation of lost income. Other requests could include interrogatories, which are written questions that you have to answer under the oath. These could be questions about any health insurance coverage you have, the deductibles for the policies, or other relevant details. Depositions are another method where the defense attorney takes your testimony under oath regarding the details of the incident or your injuries. Your lawyer will work closely with you to prepare for your deposition to ensure that you are prepared going into the session. It is important to be honest during the discovery process. If you hide any information from your attorney, it may harm your case. If you fail to disclose a preexisting medical condition and your injuries get worse the chances are that you will be impacted by the amount of the compensation you receive. The majority of Manhattan personal injury lawyers operate on a contingency fee which means they won't charge you any charges unless they succeed in winning your case. However, it is crucial to discuss billing structures with your potential attorney before you choose them. Mediation Mediation is the preferred method of resolution for most personal injury cases. Litigation involves taking a case to court and the jury or judge decides the outcome. Mediation however allows parties to come to an agreement on a mutually beneficial settlement with the assistance of an impartial third party, referred to as mediator. It's usually less expensive, quicker and more collaborative than a trial. The aim of mediation is to get both parties to agree on a settlement that they can all be content with. A competent personal injury lawyer will know how to structure a settlement that provides the client with an appropriate amount of compensation. They will also be able to negotiate with the insurance company to achieve the best possible outcome. In a mediation, both the plaintiff and the defense will have an opportunity to make their opening statements. The defense will try to discredit any claims made by the plaintiff, citing independent medical examination findings or denying the accident account. The defense will also provide reasons why they believe the claim is less than the amount demanded by the plaintiff's lawyer. The mediator will then divide the two parties into separate rooms following the opening statements. The mediator will then move back and forth between rooms, transferring information from one side to the other. The plaintiff's lawyer will talk to the defense attorney about their negotiation strategies, and attempt to convince them that they are worth more than what they are offered. Certain insurance companies will make low-ball offers at mediation to see what the lawyer for the plaintiff will do. They want to know if the victim's lawyer is scared of going to trial and will accept their low offer. This is why it's important that the personal injury lawyer is prepared for mediation before attending it. The insurance company will use this to their advantage if they are not prepared, and may entice the lawyer to accept a lower-cost offer. If you're willing to go through mediation but not sure how, your personal injury lawyer can utilize that information to improve your outcome. This can save time and money. It could even save you from going to trial at all. Trial After an extensive investigation, your personal injury lawyer will be preparing to go to trial. The process could take a few months. Your lawyer will gather evidence, such as police reports, CCTV footage medical and insurance records. They may also hire experts to determine the source of your injuries as well as evaluate the damages you have suffered. A judge or jury decides if you are entitled to damages, and how much compensation you are entitled to and if you are able to sue the person responsible. In a personal injury lawsuit it could be the compensation for physical pain and suffering permanent disability, loss of enjoyment of life emotional distress, lost wages and more. Most personal injury attorneys are contracted on a contingency basis, which means they are not paid until they win your case. Different lawyers use different pricing models, so it's best to ask them about their fee structure prior to agreeing to represent you. Your lawyer must establish four main 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 act in a particular way, but they failed to do so and caused injury or harm to you. They must demonstrate that their injuries caused you to suffer expenses like medical bills and lost wages or property damage. Then, they will need to convince the jury that you deserve an appropriate settlement for your losses. It is important to know that the vast majority (if not all) of personal injury cases are settled outside of court through an agreement. It is generally faster and less risky than going to trial. However, your NYC personal injury lawyer will be prepared to go to trial should you need to ensure the best outcome for you.