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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people who's lives have been affected by accidents in the car or medical errors, as well as workplace injuries. They help them recover compensation for damages. To determine the value of your case Attorneys will request documents such as accident or police reports, medical bills and documents, school and employment information and any other relevant documentation. Liability Analysis A personal injury lawyer will initially determine the basis of liability. This is based on the nature of incident and the specific circumstances. In personal injury cases the three most commonly used theories are strict liability, negligence and breach of warranty. Negligence claims are based on the defendant's failure to act with the same degree of care and prudence reasonable people would exercise under similar circumstances. Examples of negligent actions include driving while impaired by drugs or alcohol recklessness, failure to use safety equipment, and not keeping roads in good order. If the attorney believes that the party responsible for the fault could be held responsible and they begin to negotiate an agreement for financial settlement. This could involve presenting evidence to the insurance company, such as medical records, police reports and witness statements. They may also gather information regarding the injured party's medical expenses in the future as well as lost wages and other damages. In most instances the insurance company will accept an acceptable settlement. If not, the lawyer 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 also notify their client of any witnesses they intend to call, and may also hire an expert witnesses to describe the details of the case they are unable to explain on their own. Before a trial begins the personal injury attorney typically attends mediation with the representative of the insurance company and their client to try to negotiate a settlement. If a settlement cannot be reached, the attorney will be prepared to present his client's case in a court of law and bringing all the necessary motions and pleadings. Before you make a decision take the time to compare the success rate, experience and fees of personal injury lawyers you are considering. 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 pair you with lawyers that have experience in the area of law you need and who meet certain criteria. Discovery All personal injury cases which go to trial will involve the process of discovery. It is a time in which both parties in the case are required to share information and evidence with one another. In some cases this will result in a settlement, which will end legal proceedings. In certain instances, this could result in a settlement being reached which will end the legal proceedings. In personal injury cases the majority of the investigation involves obtaining the evidence required to show that a third person was responsible for the accident and the injuries that resulted from it. This can range from medical bills and records to photos of the site of the accident as well as video footage. In certain cases, expert testimony may be required to support the claim. During the discovery process Your lawyer will request any documents that you have in your possession or under your control that are relevant to the case. Your lawyer could request copies of your insurance policies along with the names and contact information of anyone involved in the incident, as well as any other documentation proving lost income. Other requests will include interrogatories which are written questions that you have to answer under the oath. These could be questions about any health insurance coverage you have, the deductibles for the policies, or other relevant information. Depositions are another method where the defense attorney is able to take your testimony under oath about the facts of the accident or the injuries you sustained. Your lawyer should prepare you for the deposition in order to make sure you are comfortable. It is crucial to be honest throughout the discovery process. Hide any information from your lawyer. Fall River injury lawyer could hurt your case. If you don't disclose a preexisting medical condition and your injuries get worse, you could be affected by the amount of the money you receive. Most Manhattan personal injury lawyers work on a contingency basis which means they won't charge you any fees unless they prevail in your case. However, it is crucial to discuss billing arrangements with the lawyer you are considering prior to hiring them. Mediation Mediation is the preferred method of resolution for the majority of personal injury cases. Litigation is the process of taking the case to court where a judge will decide the outcome. Mediation is, on the other hand allows parties to reach an agreement that is mutually acceptable by utilizing a neutral third party called mediator. It's generally less expensive, quicker and more tolerant than a trial. The aim of mediation is to force both parties to reach an agreement on a settlement amount everyone can live with. A competent personal injury lawyer will be able to craft a settlement that will provide the client with fair compensation. They'll also be able to negotiate with the insurance company for the best possible result. In a mediation, both the plaintiff and defense will be given an opportunity to make their opening statements. The defense will try to discredit the plaintiff's claims and will cite any independent medical examination findings or denying their account of the incident. The defense will also argue that their assessment of the claim is lower than what the plaintiff's attorney demanded. The mediator will then divide the two parties into separate rooms after the opening statements. The mediator will then move back and forth, passing information from one room to the next. The lawyer representing the plaintiff will speak to the defense attorney about their negotiation strategies, and attempt to convince them that they are worth more than the offer. Certain insurance companies will make low offers during mediation to determine what the plaintiff's lawyer will do. They want to determine if the victim's attorney is scared 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 they attend. If they're not then the insurance company could make use of this by persuading the lawyer to accept their low offer. If you're ready for mediation, however, your personal injury lawyer can utilize the information you have to increase the chances of success. This will save you time and money. You may not even have to go to court. Trial The personal injury attorney you choose will prepare for trial after an extensive investigation. This could take months. Your attorney will collect evidence like police reports, CCTV footage and medical and insurance documentation. They can also employ experts in order to determine the cause of the injury and to assess damages. A judge or jury determines whether you are entitled to damages, what much compensation you will receive and if you are able to sue the party responsible. In a personal injury lawsuit it could be the payment of 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 contingency basis, which means they aren't paid until they win your case. However, different attorneys follow various pricing models so it is important to inquire about their fee structure before signing up to representation. Whatever kind of personal injury case you have the lawyer you hire will have to prove four essential elements: duty, breach and causation, as well as damages. They must demonstrate that the other party or company was obligated to behave in a specific manner, but did not perform their duty and that caused you harm or injury. They must demonstrate that you suffered damages, such as medical bills, lost wages and property damage and that they were the direct result of your injuries. They will then have to convince jurors that they are entitled to compensation for your losses. It is important to recognize that the majority of personal injury cases settle outside of court by settling. It is usually quicker and less risky than going to trial. However you should know that your NYC personal injury lawyer will be prepared to take your case to trial if needed to ensure the best possible outcome for you.