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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 accidents in the car or medical mistakes, or workplace injuries. They assist them in obtaining compensation for any damages. To determine the value of your case, your attorney will request documents, including police or accident reports medical bills and records, employment and school information as well as any other relevant documents. Liability Analysis When an attorney for personal injury takes on a case, they start by determining the basis of responsibility. This is based on the nature of accident and the particular facts involved. In personal injury cases the three most commonly used theories are strict liability, negligence and breach of warranty. Negligence claims arise when a defendant fails to perform the same amount of care and caution as a reasonable person in 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 roadways are in good working order. If they believe that the party at fault could be held accountable then the attorney will begin negotiating a financial settlement. It could be necessary to provide evidence, like 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 or lost wages, as well as other damages. In most cases, the insurance company will accept a fair settlement. If not the attorney will prepare for trial by filing a lawsuit against the responsible party and ensuring all evidence is prepared to be presented before the court. They will inform their client of witnesses they plan to interview, and could employ an expert witness to discuss aspects that they cannot describe themselves. Personal injury lawyers are required to attend mediation before a trial to attempt to reach an agreement with their client and the representative from the insurance company. If there is no settlement the lawyer will be prepared to present their client's case in court, bringing the appropriate motions, pleadings and petitions with them. If you are thinking of hiring an attorney for personal injury You should evaluate their experience, success rate and fees before deciding. Ask your family, friends or colleagues 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 who meet certain requirements. Discovery Personal injury cases that go to trial involve the process of discovery. It is the time when the parties involved in a case must share information and evidence. In some cases, this may result in a settlement which will end legal proceedings. In other cases, it will result in the case being decided in the courts of law by the judge or jury. In personal injury claims the majority of the investigation involves obtaining the evidence needed to establish that a different party was responsible for the incident and the injuries that resulted from it. This can range from medical bills and records to photos of the scene of the accident and video footage. In certain instances, expert testimony may be required to prove a claim. During the process of discovery Your lawyer will request any documents you have in your possession or under your control that pertain to your case. For instance the lawyer will ask for copies of any insurance policies you are currently enrolled in, the names of anyone who was involved in the accident, as well as any other evidence of lost income. Interrogatories are written queries that you must answer under the oath. They could ask you questions about the health insurance you have, the deductibles on these policies, as well as other relevant information. There is also a process called depositions, and it involves the defense attorney giving your testimony under oath regarding the details of the incident and your injuries. Your lawyer will prepare you for the deposition in order to make sure you are comfortable. It is essential to be honest throughout the discovery process. If Lake Forest injury attorneys conceal any information from your attorney, it can affect your case. For instance, if you fail to reveal that you suffer from a preexisting health issue, and that condition is aggravated by the injuries you sustained, it could significantly impact the amount you receive in a settlement. Most Manhattan personal injury lawyers work on a contingency basis which means they won't charge you any charges unless they succeed in winning your case. However, it is crucial to discuss billing structures with the attorney you're considering before you hire them. Mediation Most personal injury cases are resolved by mediation instead of litigation. Litigation is the process of bringing a case before a court where a judge will decide the outcome. Mediation however, allows parties to reach a mutually agreeable settlement with the assistance of an impartial third party, referred to as mediator. It is usually less expensive, faster and more cooperative than going to court. The aim of mediation is to help both parties reach an agreement on a settlement that they both can live with. A good personal injury attorney will be able to structure the settlement so that the client receives fair compensation. They can also work with the insurer to ensure the best outcome. During a mediation, both the plaintiff and defense will have the opportunity to present their opening statements. The defense will attempt to discredit any claims made by the plaintiff, citing independent medical examination findings or denying the accident account. The defense will also argue that their estimate of the claim is less than what the plaintiff's attorney requested. The mediator will then split the two parties into separate rooms following the opening statements. The mediator will then go between rooms, passing information from one room to the next. The lawyer representing the plaintiff will speak to the defense attorney about their negotiating strategies, and try to convince them that they are worth more than the amount offered. Some insurance companies make low-ball offers during mediation to see what the plaintiff's lawyer 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. It is crucial that a personal injury lawyer is prepared for mediation prior to going to court. If they're not, the insurance company can make use of this by threatening the lawyer to accept their low offer. If you're willing to go through mediation but not sure how, your personal injury lawyer can utilize the information you have to help improve the outcome. This will save you time and money in the long in the long run. You might not need to appear in court. Trial Your personal injury lawyer will prepare for trial after an extensive investigation. The process could take a few months. Your attorney will collect evidence, including police reports, CCTV footage and medical and insurance documents. They may also hire experts to determine the cause of your injuries as well as determine the extent of your injuries. A judge or jury determines whether you are entitled to damages, what 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 suffering and pain permanent impairment, loss of enjoyment of life, emotional distress, lost wages, and much more. The majority of personal injury lawyers work on a contingency basis, which means they aren't paid until they prevail in your case. Different lawyers have different pricing structures which is why it's important to ask them about their fee structure prior to agreeing to represent you. No matter what nature of the personal injury claim you have the lawyer you hire will have to prove four essential elements: duty, breach and causation, as well as damages. They must prove that the other person or company was obligated to behave in a specific way, but they failed to do so and that caused you harm or injury. They must prove that you have suffered losses including medical bills or lost wages, as well as property damage and that these were the direct result of your injuries. Then, they will need to convince the jury that you are entitled to an appropriate settlement for your loss. It is crucial to realize that the majority of personal injury cases settle outside of court through a settlement. It is generally faster and less risky than going to trial. However, your NYC personal injury lawyer will be prepared to bring your case to trial if needed to ensure the best outcome for you.