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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who's lives have been affected by car accidents or medical mistakes, or workplace injuries. They assist them in obtaining financial compensation for injuries and losses. To determine the value of your case, your attorney will request documents such as accident or police reports medical bills and records, employment and school information, as well as any other pertinent documents. Liability Analysis When a personal injury lawyer decides to take on a case, they start by determining the theory of liability. It is determined by the nature of accident and the specific circumstances. In personal injury cases the three most popular theories are strict liability as well as negligence and breach of warranty. Negligence claims are based on a defendant's failure to act with the same degree of care and prudence an average person would have in similar circumstances. Examples of negligent actions include driving when impaired by alcohol or drugs, recklessness, failure to wear safety equipment, and ignoring the need to keep roads in good condition. If the attorney believes the party responsible for the fault could be held accountable then they will begin negotiations for an agreement for financial settlement. It may be necessary to provide evidence, such as police reports, medical records and witness statements, to the insurance company. They will also collect information about the injured party's future medical expenses, lost wages and other damages. In most instances the insurance company will agree to an equitable settlement. If not, the insurer will prepare for trial and file a lawsuit against the responsible party. He will also ensure that all evidence is ready for the court. They will also inform their client of any witnesses they plan to call, and may also hire an expert witness to describe aspects of the case that they cannot explain on their own. Before a trial begins, the personal injury attorney will usually attend mediation with the insurance company representative and their client to try to reach a settlement. If there is no settlement the attorney will be prepared to present their client's case to the court, bringing the appropriate motions, pleadings and petitions along with them. Before you make a decision take the time to compare the experience, success rate and costs of any personal injury lawyer you are contemplating. Ask your family, friends or colleagues to recommend a lawyer, or take advantage of the lawyer referral service offered by your bar. These services will pair you with lawyers that are skilled in the field of law you need and who meet certain requirements. Discovery All personal injury cases which go to trial include the process of discovery. It is the time when the parties involved in a case must share information and evidence. In Jackson injury lawsuit , this may lead to a settlement being reached, which will conclude the legal process. In some cases, this may result in a settlement being reached that will end the legal proceedings. In personal injury cases, a significant part of the discovery process involves gathering the evidence necessary to prove that the accident and injuries resulted from the negligence of another party. This could include anything from medical bills and records to photos of the accident site and video footage. In certain cases, expert witness testimony may be required to back an action for damages. During the discovery stage, your attorney will ask you for any documents you have in your possession that are relevant to the case. For instance the lawyer will ask for copies of any insurance policies that you currently have in force as well as the names of anyone who was involved in the incident, and any other evidence of lost income. Interrogatories are written queries to which you have to respond under oath. These questions could be about your health insurance, the deductibles of these policies, or any other relevant information. Depositions are another method where the defense attorney takes your testimony under oath about the details of the incident or injuries. Your lawyer will prepare you for the deposition to ensure you feel comfortable. It is crucial to be honest during the discovery process. Do not divulge any information to your lawyer. It could hurt your case. For example, if you don't reveal that you suffer from an existing health issue, and that condition is made worse by your injuries, it can have a significant impact on the amount you receive in settlement. The majority of Manhattan personal injury lawyers are on a contingent basis, which means they will not charge you any fees until they win your case. It is nevertheless important to discuss billing plans with the lawyer you are considering before you hire them. Mediation The majority of personal injury cases are resolved via mediation rather than litigation. Litigation is the process of taking a case before a court, where a judge will determine the outcome. Mediation is, on the other hand allows parties to come to an agreement that is mutually acceptable with the help of an impartial third party, referred to as a mediator. It is generally cheaper, faster and more cooperative than going to court. The purpose of mediation is to help both parties reach an agreement on a settlement that they can all accept. A good personal injury attorney will know how to structure the settlement in order that the client gets an equitable amount of compensation. They can also negotiate with the insurance company to get the best result. During mediation, both plaintiff and defense will have an opportunity to give their opening statements. The defense will attempt to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident report. The defense will also try to explain that their estimate of the claim is lower than the amount that the plaintiff's lawyer asked for. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then move between the rooms, passing information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiation strategy with the defense lawyer, trying to convince them that the case is worth more than what they're offering. Certain insurance companies will make low-ball offers at mediation to see what the lawyer for the plaintiff will do. They want to find out if the lawyer representing the victim is afraid of going to trial and take their low offer seriously. This is why it's vital that a personal injury lawyer is well prepared for mediation before they attend. If they're not then the insurance company could profit by persuading the lawyer to accept their low offer. If you're willing to go through mediation, however, your personal injury lawyer can utilize the information you have to improve your outcome. This will save you time and money. And it may even prevent you from having to go to trial in the first place. Trial The personal injury attorney you choose will prepare for trial following a an extensive investigation. This can take a few months. Your attorney will gather evidence, including police reports and CCTV footage, medical and insurance documents. 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 are entitled to damages, how much compensation you are entitled to and if you are able to sue the responsible party. In a personal injury case this could include the payment of physical pain and suffering, permanent impairment loss of enjoyment life emotional distress, lost earnings and more. The majority of personal injury attorneys are contracted on a contingency basis, which means they are not paid until they succeed in winning your case. Different lawyers use different pricing models which is why it's important to inquire about their fee structure prior to agreeing to represent you. Your lawyer will have to demonstrate four essential elements regardless of the type of case you are pursuing such as breach of duty, causation, and damages. They will need to show that the other person or company was obligated to behave in a specific manner, but failed to do so and that caused you harm or injury. They must demonstrate that you suffered damages, such as medical bills or lost wages, as well as property damage, and that they were directly caused by your injuries. They must then convince jurors that you deserve compensation for your losses. It is important to recognize that the vast majority of personal injury cases settle out of court via a settlement. Settlements are generally quicker and less risky than trials. However, your NYC personal injury lawyer will be able to bring your case to trial if needed to ensure the best possible outcome for you.