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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent those whose lives are disrupted through car accidents or medical errors, or workplace injuries. They assist in recovering compensation for damages. Your lawyer will request documents like police or accident reports; medical bills and records; employment and school details, as well as any other documentation that is relevant. Liability Analysis When a personal injury lawyer decides to take on a case, they start by determining the theories of liability. This depends on the type of incident and the specific circumstances. In personal injury cases the three most popular theories are strict liability, negligence and breach of warranty. Negligence claims are based on a defendant's failure to exercise the same level of care and caution that reasonable people would exercise in similar circumstances. Examples of negligent actions include operating a motor vehicle while under the influence of alcohol or drugs reckless driving, failure to use appropriate safety equipment, and failing to ensure 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. This could include presenting 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 Eugene injury lawsuit , insurance companies will agree to settle for an acceptable amount. If not, the insurer will prepare for trial and file a lawsuit against the responsible party. He will also ensure that all evidence is in order for the court. They will inform their client of any witnesses they intend to interview, and could hire an expert witness to discuss the details they are not able to describe themselves. Personal injury lawyers will take part in mediation prior to trial to try and reach an agreement with their client and the representative of the insurance company. If a settlement cannot be reached, the attorney will be ready to present his client's case before the court of law and bringing all the necessary pleadings and motions. Before making a decision, compare the experience, success rate and fees of personal injury lawyers you're considering. Ask your family, friends or coworkers to recommend a lawyer. You can also look into the lawyer referral service run by your bar. These services will pair you with lawyers who are skilled in the field of law you require and meet certain requirements. Discovery All personal injury cases that go to trial include a process called discovery. It is a time in which the parties involved in the case are required to share information and evidence with one another. In certain cases, this may result in a settlement reached, which will end the legal proceedings. In other cases it could result in the case being decided in the court of law, either by a judge or jury. In personal injury claims the majority of the investigation involves obtaining the evidence needed to establish that a different party was responsible for the accident and the injuries that resulted from it. This can include anything from medical bills and documents, photographs of the accident scene, and even video footage. In some cases expert witness testimony could be required to back an action for damages. During the discovery process, your lawyer will also request any documents that you have in your possession or control that are relevant to your 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 could include interrogatories, which are written questions that you have to answer under the oath. These might be questions regarding any health insurance you have, the deductibles for those policies, and other pertinent information. There is also a procedure called depositions, which involves the defense attorney giving your testimony under oath about the circumstances of the accident and your injuries. Your lawyer will prepare you for the deposition in order to ensure that you feel confident. It is essential to remain truthful during the discovery process. If you conceal any information from your attorney, it could hurt your case. If you do not divulge a medical condition that is preexisting and your injuries get worse, you could be affected by the amount the money you receive. The majority of Manhattan personal injury lawyers are on a contingent basis, which means that they don't charge any fees until they have won your case. It is nevertheless important to discuss billing structures with the attorney you're considering before you hire them. Mediation Most personal injury cases are resolved through mediation rather than litigation. Litigation is the process of taking a case to court, where a judge or jury decides the outcome. Mediation is, on the other hand, allows parties to reach an agreement on a mutually beneficial settlement with the assistance of an impartial third party, referred to as a mediator. It is generally cheaper and quicker than going to court. The purpose of mediation should be to help both parties agree on an amount for settlement that they can all accept. A competent personal injury lawyer will know how to structure an agreement that provides the client with a fair amount of compensation. They will also be able to negotiate with the insurance company to achieve the best possible outcome. Both the plaintiff and defense will be able to present their opening statements during a mediation. The defense will try to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident report. The defense will also discuss why they believe the claim is lower than the amount requested by the lawyer representing the plaintiff. After the opening statements, the mediator will break the two parties into separate rooms. The mediator will then move between rooms, passing information from one room to the next. The plaintiff's lawyer will talk to the defense attorney about their negotiating strategies, and then try to convince them that they are worth more than the amount offered. Some insurance companies offer low-cost mediation offers to see what the lawyer representing the plaintiff will do. They want to know whether the lawyer representing the victim is scared of going to court and accept their low offer. This is why it's important that the personal injury lawyer is well prepared for mediation prior to attending. If they're not, the insurance company can make use of this by intimidating the lawyer into accepting their low offer. If you're ready to negotiate however, your personal injury lawyer can use the information you have to improve your outcome. This will save time and money. And it may even prevent you from going to trial at all. Trial After a thorough investigation, your personal injury lawyer will prepare to trial. This can take a few months. Your attorney will gather evidence, including police reports and CCTV footage medical and insurance records. They may also hire experts to determine the root of your injuries and to evaluate the damages you have suffered. A judge or jury decides whether you are entitled to damages, how much compensation you will receive and if you can sue the person responsible. In a personal injury lawsuit, this can include the payment of physical pain and suffering, permanent impairment loss of enjoyment life emotional distress, loss of earnings and more. The majority of personal injury lawyers work on a contingent basis, meaning that they're not paid until they are successful in settling your case. Different attorneys use different pricing methods which is why it's important to ask them about their fees before deciding to represent you. Whatever kind of 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 prove that the other party or business had a legal obligation to you to behave in a particular way and failed to do so. The result was that you suffered injuries or harm. They will need to show that you were a victim of damages, such as medical bills or lost wages, as well as property damage, and that they resulted directly from your injuries. They will then have to convince jurors that they have a right to compensation 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 a settlement. It is generally faster and less risky than going to trial. However you should know that your NYC personal injury lawyer will be able to bring your case to trial if needed to ensure the best outcome for you.