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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who have been affected through car accidents or medical errors, or workplace injuries. They help them recover financial compensation for damages and losses. Your attorney will ask for documents like police or accident reports; medical bills and documents; employment and school details, as well as any other pertinent documentation. Liability Analysis A personal injury lawyer will first determine the legal basis for responsibility. It is determined by the nature of accident and the particular facts involved. In personal injury cases the three most commonly used theories are strict liability as well as negligence and breach of warranty. Negligence claims are based on the defendant's failure to act with the same degree of care and caution that reasonable people would exercise in similar circumstances. Santa Maria injury lawyer of negligent actions include driving a car impaired by drugs or alcohol recklessness, inability to use safety equipment, and not keeping roads in good condition. If the attorney believes that the party at fault can be held responsible then they will begin negotiations for an agreement for financial settlement. This may involve giving evidence to the insurance company, such as medical records, police reports and witness statements. They will also collect information about the injured party's future medical expenses as well as lost wages and other damages. In many instances, insurance companies will settle for an acceptable amount. If not, the insurance company will prepare for trial and file a lawsuit against any responsible party. He will also make sure that all evidence is in order to be presented in the court. They will also inform the client of any witnesses they intend to call, and may engage an expert witness to discuss the details they are not able to be able to explain by themselves. Personal injury attorneys will participate in mediation prior to a trial to negotiate a settlement with their client and the representative of the insurance company. If there is no settlement, the lawyer will be prepared to present their client's case in court, bringing the appropriate pleadings, motions and petitions with them. Before making a decision take the time to compare the success rate, experience and fees of personal injury lawyers you are looking at. Ask your family, friends or coworkers to recommend a lawyer, or take advantage of the lawyer referral service run by your bar. These services will match you with lawyers who have experience in your area of law and who meet certain requirements for example, being an active member of the state bar or having a an established track record of happy clients. Discovery All personal injury cases which go to trial include a process called discovery. It is a period during which both parties involved in the case are required to share evidence and information with each other. In some cases, this will lead to a settlement being reached, which will conclude the legal proceedings. In certain cases, this will result in a settlement reached, which will stop the legal proceedings. In personal injury claims, a large portion of the investigation involves obtaining the necessary evidence to show that a third person was responsible for the accident and injuries that resulted from it. This could include any medical bills, records, photos of the scene of the accident, and even video footage. In certain instances expert witness testimony might be required to back a claim for damages. During the discovery process the lawyer will ask you to provide any documents in your possession or control that pertain to your case. Your lawyer may ask for copies of your insurance policies, the names and contact details of anyone involved in the incident, as well as any other documentation that proves the loss of income. Interrogatories are written questions that you must answer under the oath. They could ask you questions about the health insurance coverage you have, the deductibles on these policies, as well as other pertinent information. Depositions are another procedure where the defense attorney is able to take your testimony under oath concerning the details of the incident or the injuries you sustained. Your lawyer should collaborate closely with you to prepare for your deposition so you feel confident about your testimony before the session. It is crucial to be honest during the discovery process. Hide any information from your lawyer. It could hurt your case. For example, if you do not disclose that you have a preexisting condition, and that condition is made worse by the injuries you sustained, it could have a significant impact on the amount of money you receive from a settlement. Most Manhattan personal injury lawyers work on a contingency basis, meaning they will not charge you any fees unless they win your case. It is essential to discuss the billing process with your lawyer prior to making a decision to hire them. Mediation Most personal injury cases are resolved through mediation, rather than through litigation. Litigation involves taking a case to court and a judge or jury decides the outcome. Mediation however, allows parties to reach an agreement on a mutually beneficial settlement by utilizing an impartial third party known as a mediator. It's usually less expensive, quicker and more collaborative than a trial. The aim of mediation should be to help both parties reach an agreement on a settlement that they can be content with. An experienced personal injury lawyer will be able to structure the settlement in order that the client gets fair compensation. They will also be competent to negotiate with the insurance company to achieve the best possible outcome. Both the plaintiff and defense can make their opening statements during mediation. 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 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 go back and forth between rooms, carrying information from one side to the other. The plaintiff's personal injury lawyer will discuss their negotiating moves with the defense attorney in an effort to convince them that the case is worth more than the amount they're offering. Some insurance companies offer low-ball mediation offers to see what the lawyer for the plaintiff's attorney will do. They want to know if the victim's attorney is afraid of going to court and will accept their low offer. This is why it's important that a personal injury lawyer is well prepared for mediation before attending it. If they're not then the insurance company could use that to their advantage by threatening the lawyer into accepting their low offer. If you're ready for mediation, however, your personal injury lawyer can leverage this information to improve your outcome. This will save time and money. And it may even prevent you from going to trial altogether. Trial After a thorough investigation your personal injury lawyer will be preparing to go to trial. This can take months. Your attorney will gather evidence, including police reports, CCTV footage and medical and insurance documentation. They may also hire experts to determine the cause of the injury and to evaluate damages. A jury or judge will decide if the party responsible is at fault, how you should be compensated and the amount to which you are entitled. In a personal injuries case you may be awarded compensation for physical pain and discomfort, permanent disability emotional anxiety loss of enjoyment of life, and the loss of earnings. The majority of personal injury lawyers work on a contingency basis that means they don't get paid unless they win your case. However, different attorneys use different pricing strategies, therefore it is advisable to inquire about their fee structure prior to signing a contract for representation. Your lawyer will have to prove four key elements regardless of the type of case you're trying to resolve: duty, breach of duty, causation and damages. They must demonstrate that the other party or business had a duty to you to behave in a certain manner, but failed to do so. This caused you harm/injuries. They must prove that your injuries resulted in damages such as medical bills and lost wages, or property damage. Then, they will need to convince the jury that you deserve an appropriate settlement for your losses. It is important to realize that the majority (if not all) of personal injury cases are settled out of court through an agreement. It is generally faster and less risky than going to trial. However it is important to note that your NYC personal injury lawyer will be able to bring your case to trial if needed to ensure the best outcome for you.