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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives have been disrupted by accidents in the car or medical mistakes, or workplace injuries. They help them obtain financial compensation for damages and losses. To assess your case's value, your attorney will request documents including police or accident reports, medical bills and records, employment and school information, as well as any other pertinent documentation. Liability Analysis A personal injury lawyer will first determine the legal basis for responsibility. This depends on the type 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 does not act with the same level of care and caution as a reasonable person in similar circumstances. Examples of negligent acts include driving when under the influence of alcohol or drugs, reckless driving, failure to use proper safety equipment, and failing to ensure roadways are in good condition. If they believe that the party at fault can be held liable, the attorney will start negotiating an agreement to settle the financial issue. This may involve presenting evidence to the insurance company such as medical documents, police reports and witness statements. They will also collect information about the injured party's medical expenses in the future or lost wages, as well as other damages. In many instances, an insurance company will settle for an amount that is fair. If not, the attorney will prepare for trial by filing an action against the responsible party and ensuring all evidence is prepared to be presented in court. They will also inform the client of witnesses they plan to call, and may hire an expert witness to describe certain aspects they are unable to explain by themselves. Before the trial begins the personal injury lawyer typically attends mediation with the insurance company representative and their client to try to negotiate an agreement. If a settlement is not reached, the attorney is prepared to present his client's case before an appropriate court and bringing all the necessary pleadings and motions. Before making a choice, compare the experience, success rate and fees of personal injury lawyers you are considering. Ask friends, family or coworkers to recommend a lawyer. You can also take advantage of the lawyer referral service offered by your bar. These services can connect you with lawyers who have experience in the area of law you need and who meet certain criteria. Discovery Personal injury cases that go to trial are subject to a process known as discovery. It is a time during which both parties involved in the case are required to share evidence and information with one another. In certain cases, this may result in a settlement reached, which will end the legal process. In some instances, this could lead to a settlement being reached which will end the legal proceedings. In personal injury cases, a major part of the process of discovery involves gathering evidence to show that the injuries and accident were caused by a third person. This can include any medical bills, records, photos of the accident scene, and even video footage. In certain cases expert testimony could be required to prove the claim. During the discovery phase, your attorney will request any documents you have in your possession that relate to your case. Your lawyer could request copies of your insurance policies along with the names and contact information of anyone who was involved in the accident or any other evidence of income loss. Other requests will include interrogatories that are written questions you have to answer under oath. These questions could be about your health insurance, the deductibles for the policies, or other pertinent information. There is also a process known as depositions, which entails the defense attorney giving your testimony under oath about the circumstances of the accident and your injuries. Your lawyer should prepare you for the deposition to make sure you are comfortable. It is important to remain truthful during the discovery process. If you conceal any information from your attorney, it can affect your case. For instance, if fail to reveal that you suffer from a preexisting medical condition, and it is aggravated by your injuries, it could have a significant impact on the amount you receive in settlement. The majority of Manhattan personal injury lawyers work on a contingency basis that means they will not charge you any charges unless they win your case. It is important to discuss the billing structure with your attorney prior to hiring them. Mediation Mediation is the preferred method of settling most personal injury cases. Litigation is the process of taking a case to court where juries or judges decide the outcome. Mediation is, on the other hand allows parties to come to a mutually agreeable settlement by utilizing an impartial third party, referred to as a mediator. Arlington injury lawyer 's generally less expensive, faster and more tolerant than a trial. The purpose of mediation is to allow both parties to agree on an amount for settlement that they can live with. A good personal injury attorney will know how to structure the settlement in order that the client gets an amount that is fair. They can also work with the insurer to ensure the best outcome. During mediation, both plaintiff and the 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 account. The defense will also explain why they consider the claim lower than the amount sought by the plaintiff's lawyer. The mediator will then divide the two parties in separate rooms following the opening statements. The mediator will then go between rooms, passing information from one room to the next. The lawyer for the plaintiff will talk to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than what they are offered. Certain insurance companies will make low-ball mediation offers to see what the plaintiffs' lawyer will do. They want to know whether the lawyer representing the victim is afraid of going to trial and accept their low offer. It is essential that a personal injury lawyer is prepared for mediation prior to attending. The insurance company will use this to their advantage if they are not prepared, and can intimidate the lawyer to accept a low-ball offer. If you're willing to go through mediation, however, your personal injury lawyer can use that information to increase the chances of success. This will save you time and money in the long run. And it may even prevent you from going to trial at all. Trial Your personal injury lawyer will prepare for trial following an extensive investigation. It could take a long time. Your attorney will gather evidence like police reports, CCTV footage and medical and insurance documentation. They may also employ experts to determine the cause of your injuries and determine the extent of your injuries. A jury or judge decides if you are entitled to damages, how much compensation you should receive and if you have the right to sue the responsible party. In a personal injury case this could include compensation for physical suffering and pain permanent impairment loss of enjoyment life, emotional distress, lost wages and more. The majority of personal injury lawyers work on a contingent basis, which means they are not paid until they win your case. However, different lawyers follow different pricing strategies, so it is important to ask about their fee structure before signing a contract for representation. Your lawyer will have to prove four key elements regardless of the type of case you're pursuing such as breach of duty, causation, and damages. They must show that the other party or business was obligated to you to act in a specific manner, but did not follow through. The result was that you suffered injuries or harm. They must prove that your injuries caused you to suffer damages such as lost wages and medical bills, or property damage. Then, they'll need to convince the jury that you are entitled to an equitable settlement for your loss. It is crucial to understand that the vast majority (if not all) of personal injury cases are settled outside of court by a settlement. Settlements are generally quicker and less risky than trials. Your NYC personal injury attorney will be prepared to take on trial in order to ensure the best result for you.