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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those whose lives are disrupted by accidents in the car or medical errors, or workplace injuries. They help them recover compensation for damages. Your lawyer will request documents such as police or accident reports, medical bills and records; employment and school information, and any other documentation that is relevant. Liability Analysis A personal injury lawyer will initially determine the legal basis for responsibility. It depends on the incident nature and the circumstances. In personal injury cases the three most commonly used theories are strict liability and negligence, as well as breach of warranty. Negligence claims arise when a defendant fails to act with the same level of care and prudence as a reasonable individual in similar circumstances. Examples of negligent actions include driving under the influence of drugs or alcohol reckless driving, a inability to use the proper safety equipment, and failing to ensure that roads are in good condition. If they believe that the at-fault party could be held accountable, the attorney will start discussions to negotiate a financial settlement. This could include giving evidence to the insurance company such as medical records, police reports and witness statements. They will also collect information regarding the injured party's medical expenses in the future as well as lost wages and other damages. In many cases, an insurance company will settle for an amount that is fair. If not the lawyer will prepare for trial by filing an action against the responsible party and making sure all evidence is prepared to be presented before the court. They will inform their client of any witnesses they intend to call, and may engage an expert witness to describe certain aspects they are unable to be able to explain by themselves. Personal injury lawyers will take part in mediation prior to trial to negotiate a settlement with their client and the insurance company representative. If a settlement is not reached, the attorney is ready to present his client's case before the court of law, bringing all necessary pleadings and motions. If you are thinking of hiring an attorney for personal injury You should evaluate their expertise, success rate, fees and more before deciding. You can ask your friends family members, coworkers or even your own parents for recommendations or consider the lawyer referral service that is run by your bar association. These services will match you with lawyers that are experienced in the area of law you require and meet certain requirements. Discovery All personal injury cases that go to trial involve the process of discovery. It is a time in which the parties involved in the case are required to share information and evidence with each other. In Naperville injury attorneys , this could result in a settlement, which will stop legal proceedings. In other instances it can lead to the case being resolved in the courts of law, either by a judge or jury. In personal injury cases there is a significant portion of the discovery involves gathering the evidence needed to prove that another party was responsible for the accident and the injuries that resulted from it. This can be anything from medical records and bills to photos of the scene of the accident and video footage. In certain cases expert testimony could be required to back a claim. During the discovery process, your lawyer will also ask you to provide any documents that you have in your possession or control that pertain to the case. Your lawyer could request copies of your insurance policies along with the names and contact numbers of any person involved in the incident, as well as any other documentation proving lost income. Other requests may include interrogatories, which are written questions you have to answer under the oath. These questions could concern your health insurance, the deductibles for these policies, or any other relevant information. There is also a process called depositions, which involves the defense attorney giving your testimony under oath about the details of the incident and your injuries. Your lawyer should prepare you for the deposition to ensure you feel comfortable. It is crucial to be honest during the discovery process. If you conceal any information from your attorney, it may hurt your case. For instance, if do not reveal that you suffer from a preexisting condition, and that condition is made worse by the injuries you sustained, it could significantly impact the amount of money you receive in a settlement. Most Manhattan personal injury attorneys work on a contingent basis, which means that they won't charge you any fees until they have won your case. However, it is important to discuss billing arrangements with the lawyer you are considering before you hire them. Mediation Most personal injury cases are resolved via mediation, rather than through litigation. Litigation is the process of taking the case to court where a judge is required to decide on the outcome. Mediation however, allows parties to reach an agreement that is mutually acceptable with the help of an impartial third party known as a mediator. It is usually less expensive and quicker than going to court. The purpose of mediation should be to allow both parties to agree on a settlement that they can live with. A good personal injury attorney will know how to structure the settlement in order that the client receives an equitable amount of compensation. They can also negotiate with the insurer to ensure the best outcome. During mediation, both plaintiff and defense will be given 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 disputing the accident account. The defense will also argue 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 break the two parties into separate rooms. The mediator will then go back and forth, transferring information from one room to the next. The plaintiff's lawyer will talk to the defense attorney about their negotiation strategies, and try to convince them that they are worth more than the offer. Some insurance companies make low-ball offers during mediation to see what the plaintiff's lawyer will do. They want to know whether the lawyer representing the victim is afraid of going to court and accept their low offer. It is essential that a personal injuries lawyer is prepared for mediation prior to attending. Insurance companies will make use of this advantage if they are not prepared, and can intimidate the lawyer to accept a low-ball offer. Your personal injury lawyer will make use of this information to help improve the outcome of your case if you are ready for mediation. This will save you time and money. It could even save you from having to go to trial at all. Trial Your personal injury attorney will prepare for trial following an extensive investigation. This can take months. Your lawyer will gather evidence, including police reports, CCTV footage and medical and insurance documentation. They may also hire experts to determine the source of your injuries and to evaluate the damages you have suffered. A jury or judge decides if you are entitled to damages, and how much compensation you are entitled to and if you can 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 are on a contingency basis which means that they don't get paid unless they win your case. Different lawyers have different pricing models and it's a good idea to inquire about their fees before deciding to represent you. Whatever nature of the personal injury case you have, your lawyer will need to prove 4 key elements that include breach of duty and causation, as well as damages. They will have to demonstrate that the other party or company was obligated to you to act in a specific manner and did not perform the duty. This caused you harm/injuries. They will need to show that you were a victim of damages including medical bills as well as lost wages and property damage, and that they resulted directly from your injuries. Then, they will need to convince the jury that you deserve an equitable settlement for your losses. It is important to know that the vast majority (if not all) of personal injury cases are settled outside of court through a settlement. It's generally quicker and less risky than going to trial. However you should know that your NYC personal injury lawyer will be prepared to go to trial if needed to secure the best possible outcome for you.