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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 crashes, medical errors or workplace injuries. They assist them in obtaining compensation for any damages. Your lawyer will request documents like police or accident reports, medical bills and records; employment and school information, and any other documentation that is relevant. Liability Analysis A personal injury lawyer will first determine the theory of responsibility. It depends on the accident nature and the circumstances. The three most commonly used theories of liability in personal injury cases are negligence, strict liability and breach of warranty. The basis for negligence claims is the defendant's failure to exercise the same level of care and prudence that reasonable people would exercise in similar circumstances. Examples of negligent conduct include driving while under the influence of drugs or alcohol, reckless driving, inability to use the proper safety equipment, and failing to ensure roadways are in good condition. If the attorney believes the person responsible can be held responsible, they will begin negotiating an agreement for financial settlement. This could involve giving 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 or lost wages, as well as other damages. In many cases, an insurance company will settle for a fair amount. 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 before the court. They will also notify their client of any witnesses they intend to interview and could also employ an expert witnesses to describe the details of the case that they are unable to explain on their own. Personal injury attorneys will attend mediation before a trial to try and reach an agreement with their client and the representative of the insurance company. If a settlement is not reached, the attorney is prepared to present his client's case to an appropriate court by bringing all necessary pleadings and motions. Before making a choice take the time to compare the experience, success rate and fees of personal injury lawyer you are looking at. Ask family members, friends or colleagues to recommend a lawyer. You can also check out the lawyer referral service run by your bar. These services can match you with lawyers who are experienced in your field of expertise and meet certain criteria for example, being a member of the state bar or having a an established track record of happy clients. Discovery All personal injury cases that go to trial require the process of discovery. It is a time during which both parties in the case are required to share information and evidence with one another. In some cases this will result in a settlement, which will end legal proceedings. In other instances it can result in the case being decided in a court of law, either by jurors or judges. In personal injury lawsuits there is a significant portion of the investigation involves obtaining the evidence required to show that a third person was responsible for the accident and injuries that resulted from it. This could include anything from medical bills and records to photos of the accident site and video footage. In certain cases expert witness testimony might be required to prove a claim for damages. During the process of discovery Your lawyer will request any documents that you have in your possession or control that are relevant to your case. Your lawyer could request copies of your insurance policies as well as the names and contact numbers of anyone involved in the accident, or other evidence of income loss. Other requests may include interrogatories which are written questions you must answer under the oath. These might be questions regarding any health insurance coverage you have, the deductibles for these policies, as well as other pertinent details. Depositions are another procedure where the defense attorney takes your testimony under oath about the facts of the accident or the injuries you sustained. Your lawyer should prepare you for the deposition in order to ensure that you feel confident. It is essential to be honest throughout the discovery process. If you hide any information from your attorney, it could harm your case. If you do not disclose a preexisting medical condition and your injuries get worse the chances are that you will be affected by the amount of money that you receive. Most Manhattan personal injury lawyers are on a contingency basis, meaning they will not charge you any costs unless they win your case. It is important to discuss the billing structure with your lawyer prior to hiring them. Mediation The majority of personal injury cases are resolved via mediation instead of litigation. Litigation is the process of bringing the case to court, where a judge will determine the outcome. Mediation is a method for parties to reach an agreement through the help of an impartial third party known as a mediator. It's generally less expensive, quicker, and more cooperative than a trial. The purpose of mediation should be to get both parties to agree on a settlement that they can all accept. An experienced personal injury lawyer will be able to structure the settlement so that the client gets an equitable amount of compensation. They will also be able to negotiate with the insurance company to achieve the best possible outcome. During a mediation, both the plaintiff and the defense will have an opportunity to give their opening statements. The defense will attempt to discredit any claims made by the plaintiff, citing independent medical examination findings or denying the accident report. The defense will also try to explain that their assessment of the claim is lower than what the attorney for the plaintiff demanded. After the opening statements The mediator will then break the two parties into separate rooms. The mediator will then move back and forth between the rooms, carrying information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiation strategy with the defense lawyer in an effort to convince them that the case is worth more than the amount they're offering. Certain insurance companies offer low-cost offers at mediation to see what the lawyer representing the plaintiff will do. They want to know whether the lawyer representing the victim is scared of going to court and will accept their low offer. This is why it's important that an attorney for personal injury is well prepared for mediation prior to attending. If they're not prepared, the insurance company may make use of this by intimidating the lawyer to accept their low offer. If Gresham injury attorney to negotiate, however your personal injury lawyer can leverage that information to increase the chances of success. This will save you time and money in the long in the long run. You might not even need to go to court. Trial After an extensive investigation, your personal injury lawyer will be preparing to go to trial. The process could take a few months. Your attorney will collect evidence, such as police reports and CCTV footage medical and insurance records. They may also employ experts to determine the root of your injuries and to evaluate the damages you have suffered. A jury or judge decides whether you're entitled to damages, what much compensation you will receive and if you have the right to sue the party responsible. In a personal injury case, this can include compensation for physical suffering and pain, permanent disability, loss of enjoyment of life emotional distress, lost wages, and much more. Most personal injury lawyers operate on a contingency fee that means they aren't paid until they win your case. However, different attorneys follow various pricing models so it is best to inquire about their fee structure prior agreeing to representation. No matter what type of personal injury claim you have the lawyer you hire will have to prove four essential elements that include breach of duty, causation and damages. They must prove that the other person or firm owed you a duty to act in a certain way, but they failed to do so and caused injury or harm to you. They will need to show that you were a victim of damages, such as medical bills, lost wages and property damage and that these resulted directly from your injuries. Then, they'll need to convince the jury that you are entitled to a fair settlement for your losses. It is important to understand that the vast majority of personal injury cases settle out of court by settling. It is usually quicker and less risky than going to trial. Your NYC personal injury lawyer will be prepared for trial to get the best result for you.