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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives have been disrupted by car crashes, medical errors or workplace injuries. They help them recover compensation for the damages. To assess your case's value Your attorney will ask for documents including police or accident reports, medical bills and records, employment and school information and any other relevant documentation. Liability Analysis When a personal injury lawyer decides to take on the case, they begin by determining the basis of responsibility. It is determined by the nature of accident and the particular circumstances. The three most popular theories of liability in personal injury cases are negligence, strict liability and breach of warranty. Negligence claims are based on a defendant's failure to act with the same degree of care and prudence that a reasonable person would under similar circumstances. Examples of negligent acts include operating a motor vehicle when under the influence of alcohol or drugs reckless driving, inability to use the proper safety equipment and not ensuring that roads are in good working order. If they believe that the responsible party could be held accountable then the attorney will begin negotiating an agreement on the financial side. Fontana injury lawsuits may involve providing evidence to the insurance company such as medical records, police reports and witness statements. They may also gather information about the injured party's medical expenses in the future, lost wages, and other damages. In most instances, the insurance company will negotiate a fair settlement. If not the lawyer will prepare for trial by filing a lawsuit against the responsible party and making sure all evidence is ready to be presented in court. They will also inform the client of witnesses they plan to interview, and could hire an expert witness to describe the details they are not able to explain themselves. Personal injury lawyers are required to participate in mediation prior to a trial to attempt to reach an agreement with their client and the representative from the insurance company. If a settlement isn't reached, the attorney is ready to present his client's case in an appropriate court and bringing all the necessary pleadings and motions. Before you make a decision, compare the success rate, experience and fees of any personal injury lawyers you are looking at. Ask family members, friends or colleagues to recommend a lawyer. You can also take advantage of the lawyer referral program offered by your bar. These services will connect you with lawyers who are skilled in your field of expertise and meet a set of criteria for example, being a member of the state bar and having a record of satisfied clients. Discovery All personal injury cases which go to trial include the process of discovery. It is a time in which both parties involved in the case are required to share evidence and information with one another. In some cases, this could result in a settlement reached, which will stop the legal process. In certain instances, this could lead to a settlement being reached that will end the legal proceedings. In personal injury cases, a significant part of the process of discovery is gathering evidence to establish that the injury and accident resulted from the negligence of another party. This can be everything from medical bills to documents, photographs of the scene of the accident, and even video footage. In certain cases expert testimony might be required to support the claim. During the discovery phase, your attorney will ask you for any documents in your possession that are relevant to the case. Your lawyer could request copies of your insurance policies as well as the names and contact details of any person involved in the incident, as well as any other evidence of income loss. Interrogatories are written queries to which you must respond under an oath. These questions could concern your health insurance, the deductibles for those policies, or other pertinent information. Depositions are another procedure where the defense attorney takes your testimony under oath about the circumstances 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 important to be honest throughout the discovery process. Do not divulge any information to your lawyer. It could hurt your case. For example, if you do not reveal that you suffer from a preexisting health issue, and that condition is worsened by the injuries you sustained, it could significantly impact the amount you receive from a settlement. The majority of Manhattan personal injury attorneys are on a contingent basis, which means that they don't charge any fees until they win your case. However, it is crucial to discuss billing plans with your potential attorney before you hire them. Mediation The majority of personal injury cases are resolved via mediation instead of litigation. Litigation involves taking a case to court and a judge or jury decides the outcome. Mediation is a way for parties to come to an agreement through the help of an impartial third party, known as mediator. It's generally less expensive, quicker and more collaborative than a trial. The goal of mediation should be to allow both parties to agree on an amount for settlement that they can all be content with. An experienced personal injury lawyer will know how to structure the settlement so that the client receives fair compensation. They will also be able to negotiate with the insurance company to achieve the best possible outcome. During a mediation, both the plaintiff and the defense will have the opportunity to present their opening statements. The defense will try to discredit the plaintiff's claims and will cite any independent medical examination findings or denying their claim of the accident. The defense will also argue that their estimate of the claim is lower than what the attorney for the plaintiff requested. After the opening statements, the mediator will break the two parties into separate rooms. The mediator will then move 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 then try to convince them that they are worth more than the amount offered. Certain insurance companies will make low-ball mediation offers to see what the lawyer for the plaintiff will do. They want to find out if the lawyer representing the victim is afraid of going to trial and will accept their low-ball offer. This is why it's vital that a personal injury lawyer is well prepared for mediation before attending it. Insurance companies will use this to their advantage when they're not prepared, and may entice the lawyer to accept a lower-cost offer. If you're ready to negotiate but not sure how, your personal injury lawyer can utilize that information to increase the chances of success. This will save you time and money in the long time. You might not even need to go to court. Trial After a thorough investigation your personal injury lawyer will prepare to go to trial. It could take a long time. Your attorney will gather evidence, such as police reports and CCTV footage as well as medical and insurance documentation. They may also hire experts to determine the source of the injury and to evaluate damages. A jury or judge will decide if the party responsible is to blame, how much compensation you are entitled to and the amount to which you are entitled. In a personal injury lawsuit you may be awarded compensation for physical discomfort and pain permanent disability emotional stress and loss of enjoyment life, and loss of wages. The majority of personal injury attorneys are on a contingent basis, meaning that they're not paid until they are successful in settling your case. However, different attorneys follow different pricing strategies, so it is best to ask about their fee structure prior to signing a contract for representation. Your lawyer will have to prove four key elements regardless of the kind of case you're trying to resolve the following: breach of duty, causation, and damages. They will need to demonstrate that the other party or company had a legal obligation to you to behave in a particular way and did not follow through. This caused you harm/injuries. They will have to prove that your injuries caused you to incur damages such as lost wages and medical bills, or property damage. Then, they'll need to convince the jury that you have a right to an equitable settlement for your loss. It is important to know that the vast majority (if not all) of personal injury cases are settled outside of court through the settlement. Settlements are usually faster and less risky than trial. Your NYC personal injury attorney will be ready for trial to ensure the best result for you.