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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who's lives were disrupted by car accidents or medical mistakes, or workplace injuries. They assist them in obtaining compensation for the damages. To evaluate the value of your case, your attorney will request documents, including police or accident reports, medical bills and documents, school and employment information and any other relevant documentation. Liability Analysis When a personal injury lawyer decides to take on an instance, they begin by determining the theory of the liability. It depends on the accident type and the facts involved. The three most commonly used theories of liability in personal injury cases are negligence and strict liability, as well as breach of warranty. Negligence claims stem from the defendant's failure to act with the same degree of care and prudence a reasonable person would under similar circumstances. Examples of negligent actions include operating a motor vehicle while under the influence of alcohol or drugs, reckless driving, inability to use the proper safety equipment and failing to ensure that roads are in good condition. If the attorney believes the party responsible for the fault could be held responsible and they begin to negotiate an agreement on financial terms. It could be necessary to present evidence, such as police reports, medical records and witness statements to the insurance company. They will also gather information regarding the injured party's future medical expenses as well as lost wages and other damages. In many cases the insurance company will accept an acceptable settlement. If not, the insurance company will prepare for trial and file a lawsuit against the responsible party. He will also ensure that all evidence is ready to present in court. They will also inform their client of any witnesses they plan to interview and could also employ an expert witnesses to describe the details of the case that they cannot explain on their own. Before a trial starts the personal injury attorney will usually attend mediation with the representative from the insurance company and their client in order to reach an agreement. If no settlement is reached the attorney will be prepared to present their client's case to the court, bringing the appropriate documents, such as motions, and pleadings together. If you are considering hiring a personal injury lawyer, you should compare their experiences, success rates and fees before deciding. 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 connect you with lawyers who are skilled in your area of law and who meet certain requirements, such as being an active member of the state bar and having the track record of having satisfied clients. Discovery Personal injury cases that go to trial involve the process of discovery. It is a time in which both parties involved in the case are required to share information and evidence with each other. In some cases, this may lead to a settlement, which will end legal proceedings. In other cases it could result in the case being resolved 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 establish that a different party was responsible for the accident and injuries that resulted from it. This can be anything from medical records and bills to photos of the accident site and video footage. In certain instances expert testimony might be required to back the claim. During the discovery phase, your lawyer will request any documents you have in your possession that relate to the case. For example the lawyer will ask for 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 must answer under the oath. These questions may be related to your health insurance, the deductibles for those policies, or other pertinent information. Depositions are another method in which the defense attorney will take your testimony under oath about the details of the incident or injuries. Your lawyer should prepare you for the deposition to ensure you feel comfortable. It is important to be honest during the discovery process. If you hide any information from your attorney, it can harm your case. If you don't divulge a medical condition that is preexisting and your injuries aggravate it and you are affected by the amount money that you receive. Most Manhattan personal injury lawyers operate on a contingency fee, meaning they will not charge you any costs unless they prevail in your case. However, it is important to discuss billing arrangements with the attorney you're considering before you choose them. Mediation Mediation is the preferred method of settling most personal injury cases. Litigation is the process of taking a case to court, where the jury or judge decides the outcome. Kent injury lawsuits , on the other hand allows parties to come to an agreement on a mutually beneficial settlement with the help of a neutral third party called a mediator. It is generally cheaper and faster than going to court. The goal of mediation is to help both parties agree on a settlement that they both can accept. An experienced personal injury lawyer will know how to structure the settlement so that the client receives fair compensation. They'll also be able to negotiate with the insurance company for the most favorable outcome. Both the plaintiff as well as the defense will be able to make their opening statements at mediation. The defense will attempt to discredit any claims made by the plaintiff using independent medical examination findings or disputing the accident account. The defense will also try to explain why their valuation of the claim is lower than the amount that the plaintiff's lawyer requested. After the opening statements The mediator will then break the two parties into separate rooms. The mediator will then move between the rooms, transferring information from one side to the other. The personal injury lawyer for the plaintiff will discuss their negotiation strategy with the defense lawyer and try 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 for the plaintiff will do. They want to know if the victim's lawyer is scared of going to trial and accept their low offer seriously. It is important that a personal injuries lawyer is prepared for mediation prior the time they attend. If they're not, the insurance company can use that to their advantage by threatening the lawyer to accept their low offer. Your personal injury lawyer will utilize this information to improve the outcome of your case if you're ready for mediation. This will save you time and money in the long time. You might not even need to go to court. Trial Your personal injury lawyer will prepare for trial after an extensive investigation. This could take months. Your lawyer will gather evidence, such as police reports, CCTV footage medical and insurance records. They can also employ experts in order to determine the cause of injury and to determine the extent of damage. A jury or judge will decide if the responsible party is at fault, how much you should be compensated and the amount to which you are entitled. In a personal injury lawsuit, this can include compensation for physical suffering and pain permanent impairment, loss of enjoyment of life, emotional distress, lost wages, and much more. The majority of personal injury lawyers are on a contingency basis that means they don't receive any money unless they win your case. However, different attorneys use various pricing models so it is best to inquire about their fee structure prior signing up to 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 person or company was obligated to act in a certain way, but they didn't do it and that caused you harm or injury. They will have to demonstrate that their injuries caused you to suffer injuries, such as medical bills, lost wages, or property damage. They will then have to convince the jury that you are entitled to an equitable settlement for your losses. It is important to understand that the majority of personal injury cases settle out of court via a settlement. It's generally quicker and less risky than going to trial. However, your NYC personal injury lawyer will be ready to bring your case to trial should you need to ensure the best possible outcome for you.