What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent those whose lives are disrupted by accidents in the car or medical mishaps, as well as workplace injuries. They assist them in obtaining the financial compensation for damages and losses.
Your attorney will ask for documents like police or accident reports, medical bills and documents; employment and school information, as well as any other documentation that is relevant.
Liability Analysis
A personal injury lawyer will first determine the theory of responsibility. This is based on the nature of incident and the specific circumstances involved. In personal injury cases, the three most common theories are strict liability as well as negligence and breach of warranty. Negligence claims arise when a defendant does not exercise the same degree of care and caution as a reasonable person would in similar circumstances. Examples of negligent actions include driving while under the influence of drugs or alcohol, reckless driving, failure to use appropriate safety equipment and failing to ensure that roads are in good order.
If they believe that the party at fault could be held accountable and the attorney begins negotiations for a financial settlement. This may involve presenting evidence to the insurance company, such as medical documents, police reports and witness statements. They will also collect details about the injured person's medical expenses in the future as well as lost wages and other damages.
In most instances, the insurance company will negotiate an acceptable settlement. If not, the insurer will prepare for trial and file a lawsuit against responsible party. He will also make sure that all evidence is in order for the court. They will also notify their client of any witnesses they plan to interview and could also employ an expert witness to describe aspects of the case that they are unable to explain on their own.
Before the trial begins the personal injury lawyer will usually attend mediation with the insurance company representative and their client to try to reach a settlement. If a settlement is not reached, the attorney is ready to present their client's case to an appropriate court, bringing all necessary motions and pleadings.
Before making a decision take the time to compare the experience, success rate and fees of personal injury lawyers you are looking at. You can ask your friends, family members or coworkers for recommendations, or you can look into the lawyer referral service that is run by your bar association. These services will match you with lawyers who have experience in your field of expertise and meet a set of criteria like being a member of the state bar and having a an established track record of happy clients.
Discovery
All personal injury cases that go to trial are subject to the process of discovery. It is the time where the parties involved in a case are required to provide evidence and information. In some instances, this could result in a settlement, which will stop legal proceedings. In other cases, it will result in the case being settled in a court of law by a judge or jury.
In personal injury lawsuits the majority of the discovery involves gathering the evidence needed to show that a third party was accountable for the accident and the injuries that resulted from it. This could include everything from medical bills to documents, photographs of the accident scene, and even video footage. In certain cases expert witness testimony might be needed to support the claim for damages.
During the discovery stage, your attorney will request any documents you may have in your possession that are relevant to the case. For instance your lawyer may request copies of any insurance policies you are currently enrolled in and the names of any person who was involved in the accident, as well as any other evidence of lost income. Interrogatories are written questions to which you must respond under the oath. These questions could be about your health insurance, the deductibles for those policies, or other relevant information. There is also a process known as depositions, which entails the defense attorney taking your testimony under oath regarding the circumstances of the accident and the injuries you sustained. Your lawyer should prepare you for the deposition to ensure you feel comfortable.
It is essential to remain honest throughout the discovery process. If you conceal any information from your attorney, it could hurt your case. For example, if you don't declare that you have a preexisting condition, and that condition is aggravated by your injuries, it could affect the amount of money you receive in a settlement.
Most Manhattan personal injury lawyers are on a contingency basis which means they won't charge you any fees unless they prevail in your case. However, it is important to discuss billing structures with the lawyer you are considering before you hire them.
Mediation
Mediation is the preferred method of resolution for the majority of personal injury cases. Litigation involves taking a matter to court where a judge or jury decides the outcome. Mediation is a method for parties to come to an agreement with the assistance of an impartial third party, known as mediator. It is generally cheaper and faster than going to court.
The goal of mediation is to bring both sides to reach an agreement on a settlement that everyone can accept. An experienced personal injury lawyer will be able to structure the settlement so that the client receives an equitable amount of compensation. They'll also be able to negotiate with the insurance company to achieve the best possible outcome.
During a mediation, both the plaintiff and the defense will have an opportunity to give their opening statements. The defense will attempt to discredit any claims made by the plaintiff, citing independent medical examination findings or denying the accident report. The defense will also argue why their valuation of the claim is less than what the plaintiff's attorney asked for.
After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then go between the rooms, passing information from one side to the other. The lawyer for the plaintiff will talk to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than the offer.
Some insurance companies will offer low-ball mediation offers to determine what the lawyer for the plaintiff's attorney will do. They want to find out if the victim's lawyer is scared of going to trial and will accept their low-ball offer. It is crucial that a personal injury lawyer is prepared for mediation prior to attending. If they're not, the insurance company can make use of this by persuading the lawyer into accepting their low offer. If you're willing to go through mediation however your personal injury lawyer can utilize this information to improve your outcome. This will save you time and money in the long in the long run. It could even save you from having to go to trial in the first place.
Trial
After an extensive investigation, your personal injury lawyer will prepare to go to trial. It could take a long time. Your attorney will gather evidence, including police reports, CCTV footage and medical and insurance documents. They may also employ experts to determine the root of your injuries and evaluate the damages you have suffered.
A judge or jury will decide if the party responsible is at fault, as well as how much you should be compensated and for what damages you are entitled to. In a personal injury case, this can include the payment of physical pain and suffering, permanent impairment loss of enjoyment of life emotional distress, loss of wages and more.
Most personal injury lawyers operate on a contingency fee which means that they don't receive any money unless they prevail in your case. You Tube use different pricing structures and it's a good idea to inquire about their fee structure before signing a contract to represent you.
Whatever type of personal injury case you have your lawyer will need to prove 4 key elements: duty, breach and causation, as well as damages. They must demonstrate that the other person or firm owed you a duty to behave in a specific way, they failed to do so and that caused you harm or injury.
They must demonstrate that their injuries caused you to suffer expenses like medical bills and lost wages, or property damage. They will then have to convince the jury that you have a right to a fair settlement for your loss.
It is important to understand that the vast majority of personal injury cases settle out of court by settling. It's generally quicker and less risky than going to trial. Your NYC personal injury attorney will be prepared to take on trial in order to ensure the best result for you.