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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent people whose lives have been disrupted by car accidents or medical errors, as well as workplace injuries. They help them recover the financial compensation they deserve for their the losses and damages. Your lawyer will request documents such as police or accident reports; medical bills and documents; employment and school details, as well as any other documentation that is relevant. Liability Analysis A personal injury lawyer will first determine the basis of liability. It is determined by the nature of accident and the specific circumstances involved. In personal injury cases the three most commonly used theories are strict liability and negligence, as well as breach of warranty. The basis for negligence claims is the defendant's inability to exercise the same level of care and prudence that an average person would have under similar circumstances. Examples of negligent acts include driving a vehicle impaired by alcohol or drugs recklessness, failure to use safety equipment and ignoring the need to keep roads in good order. If the attorney believes that the party responsible for the fault could be held responsible, they will begin negotiating an agreement for financial settlement. This could include providing evidence to the insurance company such as medical records, police reports or witness statements. They will also gather information about the injured party's future medical expenses, lost wages and other damages. In most instances the insurance company will accept an acceptable settlement. If not, the insurance company will prepare for trial and file a lawsuit against the the responsible party. Pharr injury attorneys will also make sure that all evidence is ready to be presented in court. They will also notify their client of any witnesses they intend to interview and could also employ an expert witness to describe aspects of the case that they are unable to explain on their own. Before a trial starts, the personal injury attorney usually participates in mediation with the representative of the insurance company and their client to try to reach an agreement. If a settlement cannot be reached, the attorney will be ready to present their client's case before a court of law and bringing all the necessary pleadings and motions. Before you make a decision take the time to compare the success rate, experience and fees of personal injury lawyer you are contemplating. You can ask your friends and family members, or colleagues for recommendations or look into the services of a lawyer referral program that is provided by your bar association. These services will match you with lawyers who are skilled in your field of expertise and meet certain criteria, such as being an active member of the state bar and having a an established track record of happy clients. Discovery All personal injury cases that go to trial have a process called discovery. It is a time during which the 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 stop the legal process. In other cases it can result in the case being resolved in a court of law, either by the judge or jury. In personal injury cases, a large part of the process of discovery involves gathering the evidence necessary to show that the injury and accident resulted from the negligence of another party. This can be anything from medical bills and records to photos of the accident site and video footage. In certain instances, expert witness testimony may be required to back the claim for damages. During the discovery process Your lawyer will ask you to provide any documents in your possession or under your control that pertain to the case. For example your lawyer may request copies of any insurance policies that you have in effect and the names of any person who was involved in the incident, and any other documentation of lost income. Other requests will include interrogatories that are written questions you have to answer under oath. These could be questions about the health insurance you have, the deductibles on those policies, and other pertinent information. Depositions are another procedure where the defense attorney is able to take your testimony under oath concerning the facts of the accident or injuries. Your lawyer should prepare your deposition to ensure you feel comfortable. It is essential to be truthful during the discovery process. Hide any information from your lawyer. It could hurt your case. If you don't disclose a preexisting medical condition and your injuries aggravate it the chances are that you will be affected by the amount of the compensation you receive. The majority of Manhattan personal injury attorneys are on a contingent basis, which means that they won't charge you any fees until they have won your case. It is nevertheless important to discuss billing structures with your potential attorney before you choose them. Mediation The majority of personal injury cases are resolved by mediation rather than litigation. Litigation is the process of taking a case to court where a judge or jury decides the outcome. Mediation is a method for parties to come to an agreement with the help of an impartial third party, known as a mediator. It's generally less expensive, faster and more tolerant than a trial. The aim of mediation is to bring both sides to reach an agreement on a settlement that everyone can agree to. A good personal injury lawyer will be able to craft a settlement that will provide the client with a fair amount of compensation. They'll also be able to negotiate with the insurance company for the best possible outcome. In mediation, both plaintiff and the defense will have an opportunity to give their opening statements. The defense will attempt to discredit the claims of the plaintiff by citing any independent medical exam findings or disputing their account of the incident. The defense will also try to explain why their valuation of the claim is less than the amount that the plaintiff's lawyer asked for. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then go back and forth between rooms, transferring information from one side to the other. The lawyer for the plaintiff will talk 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 offer low-cost mediation offers 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 will accept their low-ball offer seriously. This is why it's important that a personal injury lawyer is well-prepared for mediation before they attend. The insurance company will make use of this advantage if they are not prepared and could sway the lawyer to accept a low-ball offer. If you're willing to go through mediation however your personal injury lawyer can use this information to increase the chances of success. This will save you time and money. You might not even need to appear in court. Trial After an extensive investigation, your personal injury lawyer will prepare to go to trial. This process can take several months. Your attorney will gather evidence like police reports, CCTV footage and medical and insurance documentation. They can also engage experts in order to determine the cause of the injury and to evaluate damages. A judge or jury will determine if the responsible party is to blame, how much compensation you are entitled to and what damages you are entitled. In a personal injury case, this can include the compensation for physical pain and suffering, permanent disability, loss of enjoyment of life emotional distress, lost wages and more. The majority of personal injury lawyers are on a contingency basis which means that they aren't paid until they succeed in winning your case. Different attorneys use different pricing methods which is why it's important to ask them about their fee structure before signing a contract to represent you. Whatever type of personal injury case you have your lawyer will need to prove four essential elements: duty, breach and causation, as well as damages. They must demonstrate that the other party or company owed you a duty to act in a particular way, but they failed to do so and caused injury or harm to you. They will need to show that you have suffered losses, such as medical bills, lost wages and property damage, and that they resulted directly from your injuries. They will then have to convince the jury that you have a right to an equitable settlement for your losses. It is crucial to understand that the majority (if not all) of personal injury cases are settled outside of court through the settlement. It is usually quicker and less risky than going to trial. However you should know that your NYC personal injury lawyer will be able to bring your case to trial if necessary to secure the best possible outcome for you.