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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims whose lives are disrupted by car accidents or medical mishaps, as well as workplace injuries. They assist in recovering compensation for damages. To assess your case's value Your attorney will ask for documents such as accident or police reports medical bills and records, employment and school information as well as any other relevant documents. Liability Analysis A personal injury lawyer will first determine the theory of responsibility. This is based on the nature of incident and the specific facts involved. The three most common theories of liability in personal injury cases are negligence and strict liability, as well as breach of warranty. Negligence claims are based on a defendant's failure to act with the level of care and prudence reasonable people would exercise under similar circumstances. Pembroke Pines injury lawsuits of negligent actions include driving a vehicle when impaired by alcohol or drugs recklessness, inability to wear safety equipment, and not keeping roads in good order. If they believe that the responsible party can be held liable, the attorney will start negotiations for a financial settlement. It may be necessary to present evidence, such as medical records, police reports and witness statements, to the insurance company. They will also collect information about the injured party's medical expenses in the future, lost wages, and other damages. In many cases, an insurance company will settle for a fair amount. If not, the insurer will prepare for trial and file a lawsuit against the any responsible party. He will also ensure that all evidence is prepared to present in court. They will also inform their client about any witnesses they intend to call, and may employ an expert witness to discuss the details they are not able to describe themselves. Personal injury attorneys will participate in mediation prior to a trial to negotiate a settlement with their client and the representative from the insurance company. If a settlement isn't reached, the attorney will be prepared to present his client's case before an appropriate court and bringing all the necessary pleadings and motions. Before making a choice, compare the experience, success rate and costs of any personal injury lawyers you're 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 experienced in the field of law you are interested in and meet certain criteria for example, being a member of the state bar or having a the track record of having satisfied clients. Discovery All personal injury cases that go to trial involve a process known as discovery. This is the time that the parties involved in a case are required to share information and evidence. In some cases, this could result in a settlement being reached, which will conclude the legal process. In other instances it can lead to the case being resolved in a court of law by a judge or jury. In personal injury lawsuits there is a significant portion of the discovery involves gathering the evidence needed to show that a third person was responsible for the accident and injuries that resulted from it. This can be any medical bills, records, photos of the scene of the accident and even video footage. In certain cases, expert witness testimony may be needed to support the claim for damages. During the process of discovery the lawyer will request any documents you have in your possession or control that are relevant to the case. For example the lawyer will ask for copies of any insurance policies you are currently enrolled in and the names of any person who was involved in the accident, and any other evidence of lost income. Other requests may include interrogatories which are written questions you must answer under the oath. These questions could concern your health insurance, the deductibles of these policies, or any other pertinent information. Depositions are another process where the defense attorney takes your testimony under oath concerning the facts of the accident or injuries. Your lawyer should collaborate closely with you to prepare for your deposition so that you are confident about your testimony before the session. It is essential to remain honest during the discovery process. Hide any information from your lawyer. It can hurt your case. For instance, if don't declare that you have an existing condition, and that condition is aggravated by the injuries you sustained, it could have a significant impact on the amount you receive in a settlement. Most Manhattan personal injury lawyers operate on a contingency fee that means they will not charge you any costs unless they succeed in winning your case. It is nevertheless important to discuss billing structures with your potential attorney before you hire them. Mediation Mediation is the preferred method of settling the majority of personal injury cases. Litigation is the process of bringing an issue before a court where a judge is required to determine the outcome. Mediation, on the other hand allows parties to reach a mutually agreeable settlement with the assistance of an impartial third party, referred to as mediator. It is generally cheaper, faster and more cooperative than going to court. The goal of mediation is to allow both parties to agree on a settlement that they can live with. A skilled personal injury lawyer will know how to structure an agreement that provides the client with fair compensation. They will also be able to negotiate with the insurance company to get the best result. Both the plaintiff and the defense can make their opening statements during a mediation. The defense will try to discredit any claims made by the plaintiff, citing independent medical examination findings or denying the accident report. The defense will also argue why their valuation of the claim is lower than what the attorney for the plaintiff asked for. The mediator will then split the two parties into separate rooms following the opening statements. The mediator will then move between the rooms, carrying information from one side to the other. The lawyer representing the plaintiff will speak to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than the amount offered. Some insurance companies offer low-ball mediation offers to see what the plaintiff's lawyer will do. They want to find out if the victim's lawyer is afraid of going to trial and will accept their low offer seriously. It is essential that a personal injury lawyer is prepared for mediation prior to going to court. The insurance company will use this to their advantage if they are not prepared, and can intimidate the lawyer to accept a low-ball offer. If you're willing to go through mediation however, your personal injury lawyer can leverage this information to help improve the outcome. This will save you time and money. You might not need to go to court. Trial After a thorough investigation your personal injury lawyer will prepare to go to trial. This could take months. Your attorney will gather evidence, including police reports, CCTV footage medical and insurance records. They can also engage experts to determine the root of your injuries and determine the extent of your injuries. A jury or judge will decide if the party responsible is at fault, how you should be compensated and for what damages you are entitled to. In a personal injury case this could include compensation for physical pain and suffering, permanent impairment, loss of enjoyment of life emotional distress, lost wages and more. The majority of personal injury lawyers work on a contingency basis, which means they don't receive any money unless they succeed in winning your case. However, different attorneys follow different pricing strategies, therefore it is advisable to inquire about their fee structure before agreeing to representation. Your lawyer must establish four main elements, regardless of the type of case you are pursuing such as breach of duty, causation and damages. They will need to show that the other party, or company had a duty to you to behave in a specific manner, but did not follow through. This caused you harm/injuries. They will have to show that the injuries you suffered resulted in damages such as lost wages and medical bills or property damage. They must then convince jurors that you deserve compensation for your losses. It is important to understand that the majority of personal injury cases settle outside of court through a settlement. Settlements tend to be quicker and less risky than a trial. Your NYC personal injury lawyer will be ready for trial to get the best result for you.