What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent those who's lives were disrupted by car crashes or medical errors, as well as workplace injuries. They assist them in obtaining compensation for the damages.
Your attorney will request documents like police or accident reports, medical bills and records; school and employment information, as well as any other documentation that is relevant.
Liability Analysis
When a personal injury lawyer takes on the case, they begin by determining the basis of liability. This depends on the type of incident and the specific circumstances. The three most commonly used 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 caution as a reasonable individual in similar circumstances. Examples of negligent actions include driving a car while impaired by alcohol or drugs, recklessness, failure to use safety equipment, and failing to maintain roads in good condition.
If they believe that the party at fault can be held liable and the attorney begins negotiations for a financial settlement. This may involve giving evidence to the insurance company, such as medical records, police reports and witness statements. They will also collect details about the injured person's future medical expenses, lost wages and other damages.
In most instances, the insurance company will agree to an equitable settlement. 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 inform the client of witnesses they plan to contact, and they may employ an expert witness to discuss certain aspects they are unable to be able to explain by themselves.
Personal injury attorneys will take part in mediation prior to trial to attempt to reach an agreement with their client and the representative from the insurance company. If no settlement is reached the attorney will be prepared to present their client's case in court, bringing appropriate motions, pleadings and petitions with them.
Before making a choice take the time to compare the experience, success rate and costs of any personal injury lawyers you're looking at. You can ask your friends, family members or coworkers for recommendations or consider the services of a lawyer referral program that is provided by your bar association. These services will match you with lawyers that are skilled in the field of law you need and who meet certain criteria.
Discovery
All personal injury cases that go to trial involve the process of discovery. It is a time in which the parties involved in the case are required to share information and evidence with each other. In some cases, this could result in a settlement reached, which will end the legal process. In other cases, it will result in the case being decided in the courts of law, either by a judge or jury.
In personal injury cases there is a significant portion of the discovery involves gathering the evidence needed to show that a third party was accountable for the accident and injuries that resulted from it. This could include anything from medical records and bills to photos of the site of the accident as well as video footage. In certain instances expert witness testimony might be needed to support the claim for damages.
During the discovery phase, your lawyer will request any documents you may have in your possession that pertain to the case. For example your lawyer may request copies of any insurance policies that you are currently enrolled in and the names of any person who was involved in the accident, and any other documentation of lost income. Other requests could include interrogatories which are written questions that you have to answer under oath. These could be questions about the health insurance coverage you have, the deductibles for these policies, as well as other pertinent details. Depositions are another method where the defense attorney is able to take your testimony under oath about the details of the incident or the injuries you sustained. Your lawyer should prepare you for the deposition to ensure that you feel confident.
It is crucial to be honest during the discovery process. Hide auto accident injury lawyers from your lawyer. It can hurt your case. If you do not disclose a preexisting medical condition and your injuries worsen it the chances are that you will be affected by the amount money that you receive.
The majority of Manhattan personal injury attorneys are on a contingent basis, which means they won't charge you any fees until they win your case. It is nevertheless important to discuss billing plans with the lawyer you are considering before you hire them.
Mediation
Mediation is the preferred method of resolution for most personal injury cases. Litigation involves taking a case to court and a judge or jury decides the outcome. Mediation, on the other hand, allows parties to reach an agreement on a mutually beneficial settlement with the help of an impartial third party known as mediator. It is generally cheaper and quicker than going to court.
The purpose of mediation is to bring both sides to reach an agreement on a settlement amount that everyone can accept. A good personal injury lawyer will be able to craft a settlement that will provide the client with an appropriate amount of compensation. They will also be able to negotiate with the insurance company for the best possible outcome.
During a mediation, both the plaintiff and the defense will have an opportunity to make their opening statements. The defense will try to discredit the plaintiff's claims by citing any independent medical exam findings or disputing their claim of the accident. The defense will also explain why they value the claim lower than the amount sought by the plaintiff's attorney.
After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then go back and forth between the rooms, transferring information from one side to the other. The plaintiff's lawyer will talk to the defense attorney about their negotiating strategies, and attempt to convince them that they are worth more than the offer.
Some insurance companies will make low-ball offers during mediation to determine what the lawyer representing the plaintiff will do. They want to know whether the victim's lawyer is afraid of going to trial and will accept their low-ball offer. It is essential that a personal injuries lawyer is prepared for mediation prior to attending. The insurance company will profit from this in the event that they aren't prepared and could sway the lawyer to accept a low-ball offer. If you're willing to go through mediation however, your personal injury lawyer can utilize that information to increase the chances of success. This will save time and money. And it could even stop you from going to trial altogether.
Trial
The personal injury attorney you choose will prepare for trial after a thorough investigation. This process can take several months. Your lawyer will gather evidence such as police reports, CCTV footage and medical and insurance documentation. They can also engage experts in order to determine the cause of the injury and to assess damages.
A judge or jury decides whether you're entitled to damages, how much compensation you should receive and if you have the right to sue the party responsible. In a personal injury lawsuit, this can include the compensation for physical pain and suffering, permanent disability loss of enjoyment life emotional distress, lost wages and more.
The majority of personal injury attorneys work on a contingent basis, which means they are not paid until they are successful in settling your case. However, different attorneys follow different pricing structures, so it is important to inquire about their fee structure before signing up to representation.
No matter what nature of the personal injury claim you have, your lawyer will need to prove four essential elements which are breach of duty, duty, causation and damages. They will need to show that the other party, or company was obligated to you to act in a specific manner, but did not perform the duty. This caused you harm/injuries.
They must show that the injuries you suffered caused you to incur damages such as medical bills, lost wages or property damage. They will then have to convince jurors that you deserve compensation for your losses.
It is important to realize that the majority (if not all) of personal injury cases are settled outside of court by the settlement. Settlements are usually faster and less risky than trials. Your NYC personal injury lawyer will be ready to take on trial in order to ensure the best result for you.