What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent those who have been affected by accidents in the car, medical mistakes or workplace injuries. They assist them in obtaining compensation for any damages.
Your attorney 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 takes on a case, they start by determining the theory of liability. It depends on the incident type and the facts involved. In personal injury cases, the three most common theories are strict liability, negligence and breach of warranty. Negligence claims are made when a defendant fails perform the same amount of care and caution as a reasonable individual in similar circumstances. Examples of negligent actions include driving under the influence of drugs or alcohol reckless driving, a failure to use appropriate safety equipment, and failing to ensure roadways are in good working order.
If they believe that the party at fault could be held accountable, the attorney will start negotiating an agreement on the financial side. It is possible to present evidence, including medical records, police reports and witness statements, to the insurance company. They will also gather details about the injured person's future medical expenses, lost wages and other damages.
In most cases the insurance company will negotiate an acceptable settlement. If not, the insurer will prepare for trial and file a lawsuit against the the responsible party. He will also ensure that all evidence is in order for court. They will also notify their client of any witnesses they plan to call and may hire experts to explain aspects of the case that they are unable to explain on their own.
Personal injury lawyers are required to take part in mediation prior to trial to attempt to reach an agreement with their client and the insurance company representative. If a settlement is not reached, the attorney is prepared to present his client's case before an appropriate court by bringing all necessary pleadings and motions.
If you are considering hiring an attorney for personal injury it is important to compare their experience, success rate and fees before deciding. You can ask your friends, family members or coworkers for recommendations or consider the services of a lawyer referral program that is run by your bar association. These services can match you with lawyers who have experience in your field of expertise and meet certain criteria, such as being an active member of the state bar or having a the track record of having satisfied clients.
Discovery
All personal injury cases that go to trial require the process of discovery. It is a time during which both parties involved in the case are required to share evidence and information with one another. In some cases, this will result in a settlement being reached, which will end the legal proceedings. In other cases it can result in the case being settled in the courts of law by jurors or judges.
In personal injury lawsuits, a large portion of the discovery involves gathering the evidence required to establish that a different person was responsible for the incident and the injuries that resulted from it. This can be any medical bills, documents, photographs of the scene of the accident and even video footage. In certain instances expert witness testimony might be required to back an action for damages.
During the discovery process the lawyer will ask you to provide any documents you have in your possession or control that are relevant to the case. For instance your lawyer may request copies of any insurance policies 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 may include interrogatories which are written questions that you must answer under oath. These questions could be about your health insurance, the deductibles on the policies, or other relevant information. Depositions are another process where the defense attorney is able to take your testimony under oath concerning the circumstances of the accident or your injuries. Your lawyer should prepare your deposition to make sure you are comfortable.
It is important to remain honest during the discovery process. Do not divulge any information to your lawyer. It can hurt your case. For instance, if don't declare that you have a preexisting medical condition, and it is made worse by your injuries, it can affect the amount of money you receive in a settlement.
Most Manhattan personal injury lawyers work on a contingent basis, meaning they won't charge you any fees until they win your case. It is crucial to discuss the billing arrangement with your attorney before making a decision to hire them.
Mediation
The majority of personal injury cases are resolved by mediation, rather than through litigation. Litigation is the process of taking an issue before a court where a judge will decide on the outcome. Mediation allows parties to come to an agreement with the help of an impartial third party, called mediator. It is usually less expensive and faster than going to court.
The goal of mediation should be to get both parties to reach an agreement on a settlement that they can live with. An experienced personal injury lawyer will know how to structure the settlement so that the client gets an equitable amount of compensation. They will also be able negotiate with the insurer to ensure the best outcome.
During a mediation, both the plaintiff and the defense will have an opportunity to make their opening statements. Independence injury lawyers will attempt to discredit the plaintiff's claims, citing any independent medical exam findings or denying their own claim of the accident. The defense will also explain that their estimate of the claim is lower than what the attorney for the plaintiff requested.
The mediator will then split the two parties in separate rooms following the opening statements. The mediator will then move 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 lawyer in an effort to convince them that the case is worth more than the amount they're offering.
Some insurance companies offer low-cost mediation offers to determine what the plaintiffs' lawyer will do. They want to find out if the victim's lawyer is afraid of going to trial and accept their low-ball offer. It is essential that a personal injury lawyer is prepared for mediation prior to attending. If they're not then the insurance company could make use of this by intimidating the lawyer to accept their offer. If you're ready to negotiate however your personal injury lawyer can use that information to increase the chances of success. This will save time and money. It could even save you from having to go to trial in the first place.
Trial
After a thorough investigation your personal injury lawyer will prepare to trial. The process could take a few months. Your attorney will gather evidence, including police reports, CCTV footage as well as medical and insurance documentation. They can also engage experts in order to determine the cause of the injury and to evaluate damages.
A jury or judge will decide if the responsible party is to blame, how much you should be compensated and for what damages you are entitled. In a personal injury lawsuit, this can include compensation for physical pain and suffering, permanent disability loss of enjoyment life emotional distress, lost earnings and more.
The majority of personal injury lawyers are on a contingent basis, meaning they are not paid until they win your case. However, different attorneys use different pricing strategies, so it is best to ask about their fee structure prior signing up to representation.
No matter what kind of personal injury case you have the lawyer you hire will have to prove four essential elements: duty, breach, causation and damages. They will need to prove that the other party or company had a legal obligation to you to behave in a certain manner, but did not perform the duty. This caused you harm/injuries.
They will need to show that you were a victim of damages like medical bills as well as lost wages and property damage and that these were the direct result of your injuries. They will then have to convince the jury that you have a right to a fair settlement for your losses.
It is crucial to realize that the vast majority of personal injury cases settle outside of court via a settlement. Settlements tend to be quicker and less risky than trials. However, your NYC personal injury lawyer will be prepared to bring your case to trial if needed to ensure the best possible outcome for you.