What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent people whose lives are disrupted through car accidents or medical mishaps, as well as workplace injuries. They assist them in obtaining compensation for any damages.
Your lawyer will request documents like police or accident reports; medical bills and documents; employment and school information, and any other documentation that is relevant.
Liability Analysis
When a personal injury lawyer takes on the case, they begin by determining the theory of liability. It is based on the accident type and the facts involved. The three most common theories of liability in personal injury cases are negligence, strict liability and breach of warranty. Negligence claims are made when a defendant does not act with the same level of care and prudence as a reasonable individual in similar circumstances. Examples of negligent actions include driving a vehicle while impaired by alcohol or drugs recklessness, failure to wear safety equipment, and not keeping roads in good order.
If they believe that the responsible party could be held accountable then the attorney will begin negotiating an agreement to settle the financial issue. This may involve giving evidence to the insurance company such as medical records, police reports or witness statements. They may also gather information about the injured party's medical expenses in the future, lost wages, and other damages.
In most instances, the insurance company will negotiate an equitable settlement. If not, the insurance company will prepare for trial and file a lawsuit against the the responsible party. He will also make sure that all evidence is in order to be presented in court. They will also inform their client of any witnesses they intend to interview and could also employ an expert witnesses to describe the details of the case they are unable to explain on their own.
Before the trial begins the personal injury lawyer typically attends mediation with the insurance company representative and their client in order to negotiate a settlement. If no settlement is reached the attorney will be prepared to present their client's case to the court, bringing the appropriate documents, such as motions, and pleadings along with them.
Before making a decision, compare the experience, success rate and fees of any personal injury lawyers you're contemplating. You can ask your friends and family members, or colleagues for recommendations or look into the lawyer referral service that is provided by your bar association. These services can connect you with lawyers that are experienced in the area of law you need and who meet certain requirements.
Discovery
All personal injury cases which go to trial will involve the process of discovery. It is a period during which both parties involved in the case are required to share evidence and information with each other. In some cases, this will result in a settlement reached, which will stop the legal process. In other instances it can lead to the case being resolved in the court of law, either by the judge or jury.
In personal injury cases, a significant part of the investigation process involves gathering the evidence necessary to prove that the injuries and accident were caused by another person. This can include anything from medical bills and records, photos of the accident scene, and even video footage. In some cases expert testimony might be required to support the claim.
During the discovery phase, your attorney will ask you for any documents you have in your possession that relate to the case. For instance your lawyer may request copies of any insurance policies that you have in effect, the names of anyone who was a victim of the accident, as well as any other evidence of lost income. Other requests will include interrogatories that are written questions that you must answer under oath. These questions could concern your health insurance, the deductibles of these policies, or any other pertinent information. Depositions are another procedure where the defense attorney is able to take your testimony under oath regarding the facts of the accident or the injuries you sustained. Your lawyer will prepare you for the deposition in order to ensure that you feel confident.
It is important to be honest throughout the discovery process. Keep any information you have from your lawyer. It can hurt your case. For instance, if you fail to declare that you have an existing condition, and that condition is aggravated by your injuries, it can have a significant impact on the amount of money you receive in settlement.
Most Manhattan personal injury lawyers operate on a contingency basis, which means they won't charge you any fees until they have won your case. However, it is crucial to discuss billing plans with the lawyer you are considering before you hire them.
Mediation
Most personal injury cases are resolved by mediation, rather than through litigation. Litigation is the process of bringing the case to court where a judge will decide on the outcome. Mediation is a method for parties to reach an agreement with the help of an impartial third party called mediator. It is generally less expensive and quicker than going to court.
The aim of mediation is to get both parties to reach an agreement on a settlement that they both can live with. A skilled personal injury lawyer will be able to craft a settlement that provides the client with fair compensation. They'll also be in a position to negotiate with the insurance company to achieve the most favorable outcome.
Both the plaintiff as well as the defense will be able to present their opening statements during mediation. The defense will attempt to discredit any claims made by the plaintiff, citing independent medical examination findings or disputing the accident account. The defense will also discuss why they value the claim lower than the amount sought by the plaintiff's attorney.
After the opening statements, the mediator will break the two parties into separate rooms. You Tube will then move 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 lawyer, trying to convince them that the case is worth more than what they're offering.
Certain insurance companies offer low-cost mediation offers to see what the lawyer representing the plaintiff will do. They want to know if the victim's lawyer is scared of going to trial and accept their low-ball 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 threatening the lawyer to accept their low offer. If you're ready for mediation, however, your personal injury lawyer can use the information you have to help improve the outcome. 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 a thorough investigation your personal injury lawyer will prepare to go to trial. This can take months. Your attorney will gather evidence like police reports, CCTV footage and medical and insurance papers. They can also employ experts in order to determine the source of the injury and to assess damages.
A judge or jury determines if you are entitled to damages, what much compensation you should receive and if you can sue the responsible party. In a personal injury case, this can include the 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 that they aren't paid until they succeed in winning your case. Different lawyers have different pricing methods, so it's best to inquire about their fee structure prior to agreeing to represent you.
Regardless of the type 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 show that the other party, or company had a legal obligation to you to act in a certain manner and did not perform the duty. This caused you harm/injuries.
They must prove that you suffered damages like medical bills, lost wages and property damage and that these were the direct result of your injuries. Then, they'll need to convince the jury that you have a right to a fair settlement for your loss.
It is important to know that the vast majority (if not all) of personal injury cases are settled out of court through an agreement. Settlements are generally quicker and less risky than trial. However it is important to note that your NYC personal injury lawyer will be able to take your case to trial should you need to ensure the best outcome for you.