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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who's lives have been affected by car accidents or medical errors, as well as workplace injuries. They assist in recovering compensation for the damages. Your lawyer will request documents like police or accident reports; medical bills and records; employment and school details, as well as any other pertinent documentation. Liability Analysis When a personal injury lawyer decides to take on a case, they start by determining the basis of liability. It depends on the accident nature and the circumstances. In personal injury cases, the three most common theories are strict liability as well as negligence and breach of warranty. Negligence claims are based on the defendant's inability to act with the level of care and caution that a reasonable person would under similar circumstances. Examples of negligent conduct include operating a motor vehicle when under the influence of drugs or alcohol reckless driving, a failure to use appropriate safety equipment, and failing to ensure roadways are in good condition. If they believe that the party at fault can be held liable and the attorney begins discussions to negotiate an agreement to settle the financial issue. This may involve presenting evidence to the insurance company, such as medical documents, police reports and witness statements. They will also collect information about the injured party's future medical expenses or lost wages, as well as other damages. In many cases, an insurance company will agree to settle for an acceptable amount. If not the lawyer will prepare for trial by filing a lawsuit against the responsible party and making sure all evidence is prepared to be presented before the court. They will also notify their client of any witnesses they intend to call and may hire expert witness to describe aspects of the case they are unable to explain on their own. Before the trial begins the personal injury lawyer usually participates in mediation with the representative of the insurance company and their client in order to negotiate a settlement. If a settlement is not reached, the attorney will be ready to present his client's case to a court of law, bringing all necessary motions and pleadings. Before making a choice take the time to compare the track record, success rate and fees of personal injury lawyers you are contemplating. Ask family members, friends or colleagues to recommend a lawyer. You can also take advantage of the lawyer referral service offered by your bar. These services will pair you with lawyers that are skilled in the field of law you require and meet certain requirements. Discovery All personal injury cases which go to trial have a process called discovery. It is a period during which the parties involved in the case are required to share information and evidence with one another. In some cases this will result in a settlement, which will end legal proceedings. In other cases it could result in the case being decided in the court of law by jurors or judges. In personal injury cases, a major part of the discovery process involves gathering the evidence necessary to show that the injury and accident were caused by another person. This can include everything from medical bills to documents, photographs of the scene of the accident, and even video footage. In some cases, expert witness testimony may be required to prove a claim for damages. During the discovery process Your lawyer will require you to submit any documents in your possession or under your control that pertain to the case. Your lawyer might request copies of your insurance policies as well as the names and contact numbers of any person involved in the accident, or other documentation that proves the loss of income. Interrogatories are written inquiries that you must answer under the oath. These might be questions regarding the health insurance coverage you have, the deductibles for these policies, as well as other relevant details. Depositions are another procedure where the defense attorney takes your testimony under oath concerning the facts 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. If you hide any information from your attorney, it may affect your case. For instance, if fail to reveal that you suffer from an existing condition, and that condition is aggravated by your injuries, it could affect the amount of money you receive in settlement. Most Manhattan personal injury lawyers operate on a contingency basis, which means that they won't charge you any fees until they have won your case. It is important to discuss the billing structure with your lawyer prior to hiring 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 allows parties to reach a settlement with the assistance of an impartial third party called mediator. It is usually less expensive and faster than going to court. The purpose of mediation is to get both parties to reach an agreement on a settlement that they both can be content with. A skilled personal injury lawyer will know how to structure a settlement that provides the client with an appropriate amount of compensation. They will also be able negotiate with the insurer to ensure the best outcome. In mediation, both plaintiff and defense will have an opportunity to make their opening statements. The defense will attempt to discredit the claims of the plaintiff, citing any medical examination findings from independent sources or disputing their claim of the accident. The defense will also try to explain why their valuation of the claim is less than what the attorney for the plaintiff asked for. The mediator will then split the two parties in separate rooms following the opening statements. The mediator will then go back and forth between the rooms, passing information from one side to the other. 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 what they're offering. Some insurance companies will make low-ball offers during mediation to see what the lawyer representing the plaintiff will do. They want to know if the victim's attorney is scared of going to court and accept their low offer. It is crucial that a personal injury lawyer is prepared for mediation prior the time they attend. Insurance companies will use this to their advantage in the event that they aren't prepared and could sway the lawyer into accepting a low-ball offer. If you're willing to go through mediation however, your personal injury lawyer can leverage this information to improve your outcome. This will save you time and money. And it may even prevent you from having to go to trial at all. Trial After an extensive investigation, your personal injury lawyer will prepare to go to trial. The process could take a few months. Your attorney will gather evidence like police reports, CCTV footage and medical and insurance papers. Lee's Summit injury attorney can also engage experts to determine the cause of the injury and to evaluate damages. A judge or jury decides if you are entitled to damages, what much compensation you will receive and if you are able to sue the party responsible. In a personal injury lawsuit this could include the payment of physical pain and suffering permanent disability, loss of enjoyment of life emotional distress, lost wages and more. The majority of personal injury lawyers operate on a contingency fee which means that they don't receive any money unless they win your case. Different attorneys use different pricing structures, so it's best to ask them about their fee structure prior to agreeing to represent you. Regardless of the kind of personal injury case you are facing the lawyer you hire will have to prove four essential elements: duty, breach, causation and damages. They will have to demonstrate that the other party, or company was obligated to you to behave in a specific manner, but did not follow through. The result was injury or harm to you. They must demonstrate that you have suffered losses, such as medical bills as well as lost wages and property damage and that they resulted directly from your injuries. They will then have to convince the jury that you are entitled to a fair settlement for your losses. It is important to realize that the vast majority (if not all) of personal injury cases are settled outside of court by the settlement. It's generally quicker and less risky than going to trial. However it is important to note that your NYC personal injury lawyer will be prepared to take your case to trial should you need to ensure the best outcome for you.