What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent people who's lives were disrupted by car crashes or medical errors, as well as workplace injuries. They help them recover financial compensation for injuries and losses.
Your attorney will ask for documents such as police or accident reports; medical bills and records; school and employment information, as well as any other relevant documentation.
Liability Analysis
A personal injury lawyer will initially determine the theory of responsibility. It depends on the accident nature and the circumstances. The three most popular theories of liability in personal injury cases are negligence, strict liability and breach of warranty. Negligence claims are made when a defendant fails act with the same level of care and caution as a reasonable person would in similar circumstances. Examples of negligent conduct include operating a motor vehicle under the influence of alcohol or drugs reckless driving, a failure to use proper safety equipment, and failing to ensure roadways are in good condition.
If the attorney believes the party at fault can be held responsible, they will begin negotiating an agreement on financial terms. This could include giving evidence to the insurance company such as medical records, police reports and witness statements. They may also gather details about the injured person's medical expenses in the future or lost wages, as well as other damages.
In most cases the insurance company will agree to an acceptable settlement. If not, the attorney will prepare for trial by filing an action against the party responsible and ensuring that all evidence is prepared to be presented in court. They will also notify their client of any witnesses they plan to call and may hire expert witness to describe aspects of the case that they cannot explain on their own.
Personal injury lawyers are required to participate in mediation prior to a 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 ready to present their client's case in court, bringing appropriate motions, pleadings and petitions together.
Before you make a decision, compare the success rate, experience and costs of any personal injury lawyers you are looking at. Ask family members, friends or colleagues to recommend a lawyer, or check out the lawyer referral service run by your bar. These services will match you with lawyers who are experienced in your area of law and meet a set of criteria for example, being a member of the state bar or having a the track record of having satisfied clients.
Discovery
All personal injury cases that go to trial have a process called discovery. It is the time when both parties in a case must exchange information and evidence. In some instances, this could result in a settlement which will stop legal proceedings. In certain cases, this may result in a settlement reached that will end the legal process.
In personal injury lawsuits there is a significant portion of the discovery involves gathering the evidence required to prove that another party was responsible for the accident and the injuries that resulted from it. This could include any medical bills, records, photos of the accident scene, and even video footage. In certain instances expert witness testimony could be needed to support an action for damages.
During the discovery phase, your attorney will ask you to provide any documents in your possession that relate to your case. Your lawyer may ask for copies of your insurance policies, the names and contact numbers of anyone who was involved in the accident or any other documentation proving lost income. Interrogatories are written queries to which you have to respond under an oath. These might be questions regarding the health insurance you have, the deductibles for the policies, or other pertinent information. Depositions are another method in which the defense attorney will take your testimony under oath about the facts of the accident or the injuries you sustained. Your lawyer should collaborate closely with you to prepare you for your deposition to ensure that you are confident before you go into the deposition.
It is essential to remain truthful during the discovery process. If you hide any information from your attorney, it can harm your case. For example, if you do not declare that you have an existing health issue, and that condition is worsened by the injuries you sustained, it could affect the amount you receive from a settlement.
The majority of Manhattan personal injury lawyers are on a contingency basis that means they will not charge you any fees unless they succeed in winning your case. It is important to discuss the billing process with your attorney prior to making a decision to hire them.
Mediation
Mediation is the preferred method of settling the majority of personal injury cases. Litigation is the process of taking a case to court and a judge or jury decides the outcome. Mediation is a method for parties to reach an agreement with the assistance of an impartial third party known as mediator. It is usually less expensive, faster and more cooperative than going to court.
The goal of mediation is to get both parties to agree on a settlement that they both can live with. A good personal injury attorney will know how to structure the settlement so that the client receives an amount that is fair. They will also be able to negotiate with the insurance company for the best possible result.
Both the plaintiff and defense will be able to make their opening statements at mediation. The defense will try to discredit any claims made by the plaintiff, citing independent medical examination findings or denying the accident report. The defense will also discuss why they believe the claim is lower than the amount sought by the lawyer representing the plaintiff.
The mediator will then separate the two parties in separate rooms after the opening statements. The mediator will then move back and forth between rooms, passing information from one side to the other. The lawyer for the plaintiff will talk to the defense attorney about their negotiating strategies, and try to convince them that they are worth more than what they are offered.
Some insurance companies will make low offers during mediation to see what the plaintiff's lawyer will do. They want to know if the lawyer representing the victim is afraid of going to trial and will take their low offer seriously. It is essential that a personal injuries lawyer is prepared for mediation prior to attending. If they're not, the insurance company can profit by threatening the lawyer to accept their offer. If you're ready to negotiate however your personal injury lawyer can utilize the information you have to increase the chances of success. This will save you time and money in the long time. And it could even stop you from having to go to trial altogether.
Trial
Your personal injury attorney will prepare for trial following a a thorough investigation. This could take months. Your lawyer will gather evidence, including police reports and CCTV footage as well as medical and insurance documentation. They can also engage experts to determine the source of your injuries and to determine the extent of your injuries.
A judge or jury will determine if the responsible party is to blame, how much compensation you are entitled to and for what damages you are entitled to. In a personal injury lawsuit you may be awarded compensation for physical pain and discomfort as well as permanent disability, emotional anxiety, loss of enjoyment of the life, and lost wages.
The majority of personal injury attorneys are contracted on a contingency basis, meaning that they're not paid until they win your case. Different lawyers have different pricing methods and it's a good idea to inquire about their fee structure before signing a contract to represent you.
No matter what nature of the personal injury case you are facing the lawyer you hire will have to prove four essential elements which are breach of duty, duty, causation and damages. They will need to prove that the other party or business had a legal obligation to you to act in a particular way, but failed to do so. The result was injury or harm to you.
They must prove that you have suffered losses like medical bills as well as lost wages and property damage and that they resulted directly from your injuries. They will then have to convince jurors that you 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 through the settlement. Concord injury attorneys is usually quicker and less risky than going to trial. However, your NYC personal injury lawyer will be prepared to go to trial if needed to ensure the best outcome for you.