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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who have been affected through car accidents or medical mishaps, as well as workplace injuries. They assist them in obtaining compensation for damages. Milpitas injury attorneys will request documents such as police or accident reports; medical bills and records; employment and school information, and any other pertinent documentation. Liability Analysis A personal injury lawyer will first determine the theory of responsibility. It is based on the accident nature and the circumstances. In personal injury cases the three most popular theories are strict liability and negligence, as well as breach of warranty. Negligence claims stem from the defendant's inability to act with the level of care and prudence that reasonable people would exercise in similar circumstances. Examples of negligent conduct include driving when impaired by drugs or alcohol, recklessness, failure to use safety equipment and not keeping roads in good order. If they believe that the party at fault can be held liable then the attorney will begin negotiations for an agreement to settle the financial issue. It may be necessary to present evidence, such as police reports, medical records and witness statements to the insurance company. They may also gather 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 acceptable amount. If not the lawyer will prepare for trial by filing an action against the party responsible and ensuring that all evidence is ready to be presented before the court. They will also inform the client of witnesses they plan to contact, and they may engage an expert witness to describe the details they are not able to be able to explain themselves. Before a trial begins the personal injury lawyer typically attends mediation with the representative from the insurance company and their client in order to negotiate an agreement. If a settlement cannot be reached, the attorney is ready to present his client's case in the court of law and bringing all the necessary pleadings and motions. Before making a choice, compare the experience, success rate and fees of any personal injury lawyers you are considering. You can ask friends and family members, or colleagues for recommendations or consider the lawyer referral service that is run by your bar association. These services will match you with lawyers who are skilled in the field of law you need and who meet certain requirements. Discovery All personal injury cases that go to trial involve a process known as discovery. It is the time when both parties in a case have to exchange information and evidence. In some cases, this could result in a settlement being reached, which will conclude the legal process. In some cases, this will result in a settlement reached, which will stop the legal process. In personal injury cases, a significant part of the investigation process involves gathering evidence to prove that the injuries and accident were caused by another party. This can include anything from medical bills and documents, photographs of the scene of the accident, and even video footage. In some cases expert testimony could be required to prove a claim. During the discovery phase, your attorney will ask you to provide any documents you have in your possession 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 evidence of loss of income. Other requests will include interrogatories which are written questions you must answer under oath. These might be questions regarding any health insurance coverage you have, the deductibles for those policies, and other relevant details. There is also a process called depositions, which involves the defense attorney taking your testimony under oath concerning the circumstances of the accident and your injuries. Your lawyer should collaborate closely with you to prepare for your deposition, so you feel confident before you go into the deposition. It is important to remain honest throughout the discovery process. Keep any information you have from your lawyer. It could harm your case. If you fail to reveal a preexisting medical condition and your injuries get worse, you could be affected by the amount the money you receive. Most Manhattan personal injury lawyers work on a contingent basis, which means that they don't charge any fees until they have won your case. It is important to discuss the billing arrangement with your attorney before making a decision to hire them. Mediation Mediation is the preferred method of settling most personal injury cases. Litigation is the process of bringing the case to court where a judge is required to determine the outcome. Mediation is a way for parties to come to an agreement with the assistance of an impartial third party, known as a mediator. It is generally less expensive and faster than going to court. The purpose of mediation should be to get both parties to agree on an amount for settlement that they can all accept. A good personal injury attorney will know how to structure the settlement so that the client gets fair compensation. They will also be able negotiate with the insurance company to ensure the best outcome. In mediation, both plaintiff and the defense will have the opportunity to present 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 try to explain that their assessment of the claim is lower than the amount that the plaintiff's lawyer asked for. The mediator will then divide the two parties into separate rooms following the opening statements. The mediator will then go back and forth, passing information from one room to the next. The personal injury lawyer for the plaintiff will discuss their negotiating moves with the defense attorney in an effort to convince them that the case is worth more than the amount they're offering. Certain insurance companies make low mediation offers to determine what the plaintiffs' lawyer will do. They want to determine if the victim's attorney is afraid of going to court and accept their low offer. This is why it's important that an attorney for personal injury is well prepared for mediation before they attend. If they're not, the insurance company can use that to their advantage by intimidating the lawyer to accept their low offer. Your personal injury lawyer will make use of this information to improve the outcome of your case if you're willing to go through mediation. This will save you time and money in the long time. And it may even prevent you from having to go to trial in the first place. Trial After an extensive investigation, your personal injury lawyer will prepare to trial. It could take a long time. Your attorney will gather evidence like police reports, CCTV footage and medical and insurance documents. They may also employ experts to determine the source of your injuries and to determine the extent of your injuries. A judge or jury decides if you are entitled to damages, how much compensation you will receive and if you have the right to sue the person responsible. In a personal injury case this could include the payment of physical pain and suffering permanent impairment loss of enjoyment life, emotional distress, lost wages and more. The majority of personal injury lawyers work on a contingent basis, meaning that they're not paid until they succeed in winning your case. Different attorneys use different pricing methods, so it's best to ask them about their fee structure before signing a contract to represent you. Your lawyer will have to establish four main elements regardless of the kind of case you're pursuing: duty, breach of duty, causation and damages. They must prove that the other person or company owed you a duty to act in a certain way, they didn't do it and this caused you harm/injuries. They must demonstrate that you suffered damages, such as medical bills as well as lost wages and property damage and that these resulted directly from your injuries. They will then have to convince the jury that you are entitled to an equitable settlement for your losses. It is important to realize that the vast majority (if not all) of personal injury cases are settled out of court by an agreement. It is usually quicker and less risky than going to trial. Your NYC personal injury attorney will be ready to go to trial to get the best possible outcome for you.