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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those who have been affected by car accidents, medical mistakes or workplace injuries. They help them obtain the financial compensation for damages and losses. To assess your case's value Attorneys will request documents such as accident or police reports, medical bills and records, employment and school information as well as any other relevant documentation. Liability Analysis When a personal injury lawyer decides to take on a case, they start by determining the theory of liability. This depends on the type of accident and the specific circumstances. In personal injury cases, the three most common theories are strict liability and negligence, as well as breach of warranty. Negligence claims are based on the defendant's inability to act with the level of care and prudence a reasonable person would under similar circumstances. Examples of negligent acts include driving under the influence of alcohol or drugs reckless driving, a inability to use the proper safety equipment and not ensuring that roads are in good order. If they believe that the at-fault party can be held liable then the attorney will begin negotiating a financial settlement. It could be necessary to provide evidence, such as police reports, medical records and witness statements, to the insurance company. They may also gather details about the injured person's medical expenses in the future or lost wages, as well as other damages. In many cases, an insurance company will agree to settle for an amount that is fair. If not, South Gate will prepare for trial and file a lawsuit against the responsible party. He will also make sure that all evidence is ready for court. They will also notify their client of any witnesses they plan to call, and may also hire an expert witnesses to describe the details of the case that they cannot explain on their own. Before the trial begins the personal injury attorney usually participates in mediation with the representative from the insurance company and their client to try to reach a settlement. If a settlement isn't reached, the attorney is ready to present their client's case in an appropriate court and bringing all the necessary pleadings and motions. If you are thinking of hiring a personal injury lawyer, you should compare their experiences, success rates and fees before deciding. Ask family members, friends or coworkers to recommend a lawyer or check out the lawyer referral service offered by your bar. These services will match you with lawyers who are experienced in the area of law you need and meet certain requirements. Discovery Personal injury cases that go to trial are subject to a process known as discovery. This is the time that both parties in a case are required to exchange information and evidence. In some cases this will lead to a settlement, which will put an end to legal proceedings. In other instances, it will result in the case being resolved in a court of law, either by the judge or jury. In personal injury cases, a significant part of the process of discovery involves gathering evidence to establish that the injury and accident were caused by another person. This could include any medical bills, documents, photographs of the scene of the accident and even video footage. In some cases expert testimony could be required to support the claim. During the process of discovery, your lawyer will also ask you to provide any documents in your possession or under your control that are relevant to your case. For instance your lawyer may request copies of any insurance policies you are currently enrolled in as well as the names of anyone who was involved in the accident, and any other evidence of lost income. Other requests may include interrogatories, which are written questions you have to answer under the oath. These questions could be about your health insurance, the deductibles on those policies, or other relevant information. Depositions are another process where the defense attorney is able to take your testimony under oath regarding the circumstances of the accident or your injuries. Your lawyer should prepare your deposition to ensure that you feel confident. It is important to be honest throughout the discovery process. Do not divulge any information to your lawyer. It could harm your case. If you fail to divulge a medical condition that is preexisting and your injuries get worse the chances are that you will be impacted by the amount of money that you receive. The majority of Manhattan personal injury attorneys operate on a contingency basis, which means they won't charge you any fees until they have won your case. It is nevertheless important to discuss billing arrangements with the attorney you're considering before you hire them. Mediation The majority of personal injury cases are resolved through mediation, rather than through litigation. Litigation is the process of taking a case to court and the jury or judge decides the outcome. Mediation, on the other hand allows parties to come to a mutually agreeable settlement with the help of an impartial third party, referred to as mediator. It's usually less expensive, faster and more tolerant than a trial. The aim of mediation is to get both parties to agree on a settlement that they both can accept. An experienced personal injury lawyer will know how to structure the settlement in order that the client receives fair compensation. They will also be competent to negotiate with the insurance company for the best possible result. Both the plaintiff and defense will be able to make their opening statements during a mediation. The defense will attempt to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident account. The defense will also explain why they believe the claim is lower than the amount requested by the lawyer representing the plaintiff. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then move between rooms, passing information from one room to the next. The lawyer representing the plaintiff will speak to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than the offer. Certain insurance companies will make low-ball mediation offers to see what the lawyer for the plaintiff will do. They want to see if the victim's attorney is afraid of going to court and will accept their low offer. This is the reason it's crucial that a personal injury lawyer is well-prepared for mediation prior to attending. If they're not, the insurance company can make use of this by threatening the lawyer to accept their low offer. Your personal injury lawyer will make use of this information to help improve the outcome of your case if you are ready for mediation. This will save you time and money. You might not even need to go to court. Trial After a thorough investigation your personal injury lawyer will prepare to go to trial. This can take a few months. Your attorney will collect evidence, including police reports and CCTV footage medical and insurance records. They can also engage experts to determine the cause of your injuries and to evaluate the damages you have suffered. A judge or jury determines whether you're entitled to damages, what much compensation you should receive and if you can sue the person responsible. In a personal injury lawsuit you may be awarded compensation for physical discomfort and pain, permanent disability, emotional distress, loss of enjoyment of life, and loss of wages. The majority of personal injury lawyers work on a contingent basis, meaning that they're not paid until they succeed in winning your case. However, different attorneys follow different pricing strategies, therefore it is advisable to inquire about their fee structure prior signing a contract for representation. Whatever kind of personal injury case you are facing, your lawyer will need to prove four essential elements that include breach of duty and causation, as well as damages. They will need to show that the other person or firm owed you a duty to act in a certain way, but they didn't do it and this caused you harm/injuries. They must demonstrate that you were a victim of damages including medical bills as well as lost wages and property damage and that they were directly caused by your injuries. They must then convince the jurors that you have a right to compensation for your losses. It is crucial to realize that the vast majority of personal injury cases settle out of court through a settlement. Settlements are usually faster and less risky than trial. Your NYC personal injury lawyer will be ready for trial to get the best possible outcome for you.