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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people whose lives have been disrupted by car accidents, medical errors or workplace injuries. They assist them in obtaining compensation for damages. Your attorney will ask for documents like police or accident reports; medical bills and records; school and employment information, as well as any other relevant documentation. Liability Analysis A personal injury lawyer will first determine the basis of liability. It depends on the accident nature and the circumstances. The three most common theories of liability in personal injury cases are negligence, strict liability and breach of warranty. Negligence claims are based on the defendant's failure to act with the same degree of care and prudence an average person would have under similar circumstances. Waterbury injury attorney YouTube of negligent acts include operating a motor vehicle when under the influence of drugs or alcohol reckless driving, a failure to use proper safety equipment and failing to ensure roadways are in good working order. If they believe that the responsible party is liable and the attorney begins negotiations for a financial settlement. It could be necessary to provide evidence, such as police reports, medical records and witness statements, to the insurance company. 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 cases, an insurance company will settle for a fair amount. If not, the attorney will prepare for trial by filing an action against the responsible party and making sure all evidence is ready to be presented in court. They will also notify their client of any witnesses they intend to interview and could also employ an expert witness to describe aspects of the case that they are unable to explain on their own. Personal injury lawyers 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 no settlement is reached, the lawyer will be prepared to present their client's case to the court, bringing the appropriate motions, pleadings and petitions with them. If you are thinking of hiring an attorney for personal injury, you should compare their expertise, success rate and fees before deciding. Ask friends, family or colleagues to recommend a lawyer or take advantage of 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 criteria. Discovery Personal injury cases that go to trial require the process of discovery. It is a period during which both parties in the case are required to share evidence and information with each other. In some cases, this could lead to a settlement being reached, which will end the legal proceedings. In other cases, it will lead to the case being resolved in the courts of law, either by jurors or judges. In personal injury lawsuits, a large portion of the investigation involves obtaining the necessary evidence to show that a third party was accountable for the accident and injuries that resulted from it. This can range from medical records and bills to photos of the scene of the accident and video footage. In certain instances expert testimony could be required to back the claim. During the process of discovery Your lawyer will ask you to provide any documents in your possession or control that pertain to the case. For instance your lawyer may request copies of any insurance policies you have in effect, the names of anyone who was a victim of the accident, as well as any other evidence of loss of income. Other requests could include interrogatories, which are written questions you must answer under oath. These questions could be about your health insurance, the deductibles of the policies, or other relevant information. Depositions are another method where the defense attorney is able to take your testimony under oath concerning the facts of the accident or your injuries. Your lawyer will prepare your deposition to ensure that you feel confident. It is essential to remain honest throughout the discovery process. Keep any information you have from your lawyer. It can hurt your case. If you fail to reveal a preexisting medical condition and your injuries get worse, you could be affected by the amount the money you receive. Most Manhattan personal injury attorneys are on a contingent basis, meaning they will not charge you any fees until they have won your case. However, it is crucial to discuss billing structures with the attorney you're considering before you hire them. Mediation Mediation is the preferred method of settling most personal injury cases. Litigation involves taking a case to court where 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's usually less expensive, faster, and more cooperative than a trial. The goal of mediation should be to allow both parties to reach an agreement on a settlement that they can accept. A skilled personal injury lawyer will know how to structure a settlement that provides the client with fair compensation. They'll also be competent to negotiate with the insurance company for the most favorable outcome. During mediation, both plaintiff and the defense will have the opportunity to present their opening statements. The defense will attempt to discredit any claims made by the plaintiff using independent medical examination findings or denying the accident account. The defense will also explain why they believe the claim is lower than the amount sought by the plaintiff's attorney. The mediator will then divide the two parties in separate rooms following the opening statements. The mediator will then move back and forth between the rooms, passing information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiation strategies with the defense lawyer and try to convince them that the case is worth more than what they're offering. Certain insurance companies make low mediation offers to see what the lawyer for the plaintiff will do. They want to know whether the lawyer representing the victim is afraid of going to trial and take their low offer. This is why it's important that the personal injury lawyer is well prepared for mediation before they attend. If they're not then the insurance company could profit by intimidating the lawyer into accepting their low offer. Your personal injury lawyer will use this information to help improve the outcome of your case if you are willing to go through mediation. This can save time and money. It could even save you from going to trial in the first place. Trial Your personal injury lawyer will prepare for trial following a an exhaustive investigation. The process could take a few months. Your attorney will gather evidence, such as police reports, CCTV footage, medical and insurance documents. They can also employ experts in order to determine the cause of the injury and to assess damages. A jury or judge decides whether you're entitled to damages, how much compensation you are entitled to and if you are able to sue the party responsible. In a personal injury lawsuit there is a possibility of compensation for physical pain and discomfort, permanent disability, emotional distress, loss of enjoyment of life, and loss of wages. The majority of personal injury attorneys are on a contingent basis, which means they are not paid until they succeed in winning your case. However, different attorneys use various pricing models therefore it is advisable to inquire about their fee structure before signing a contract for representation. Your lawyer will have to prove four key elements, regardless of the type of case you are pursuing the following: breach of duty, causation and damages. They must demonstrate that the other party, or company had a duty to you to act in a specific manner, but did not follow through. The result was injury or harm to you. They must show that the injuries you suffered caused you to incur damages such as medical bills, lost wages or property damage. Then, they'll need to convince the jury that you are entitled to an equitable settlement for your losses. It is important to realize that the vast majority (if not all) of personal injury cases are settled outside of court by the settlement. It's generally quicker and less risky than going to trial. Your NYC personal injury attorney will be prepared to take on trial in order to get the best possible result for you.