What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent victims who are affected by car accidents or medical errors, or workplace injuries. They help them recover the financial compensation for damages and losses.
To determine the value of your case, your attorney will request documents such as accident or police reports medical bills and documents, school and employment information as well as any other relevant documents.
Liability Analysis
A personal injury lawyer will first determine the basis of liability. It is determined by the nature of accident and the specific circumstances involved. In personal injury cases the three most popular theories are strict liability, negligence and breach of warranty. Negligence claims are based on the defendant's inability to act with the level of care and prudence that a reasonable person would under similar circumstances. Examples of negligent actions include driving a car while impaired by drugs or alcohol, recklessness, failure to use safety equipment, and not keeping roads in good condition.
If they believe that the at-fault party could be held accountable then the attorney will begin negotiating an agreement on the financial side. It could be necessary to present evidence, such as police reports, medical records and witness statements to the insurance company. They may also gather details about the injured person's medical expenses in the future as well as lost wages and other damages.
In many instances the insurance company will negotiate an equitable settlement. If not, the lawyer will prepare for trial by filing a lawsuit against the responsible party and ensuring all evidence is prepared to be presented before the court. They will inform their client of witnesses they plan to call, and may hire an expert witness to discuss certain aspects they are unable to explain themselves.
Personal injury attorneys will participate in mediation prior to a trial to try and reach a settlement with their client and the representative of the insurance company. If a settlement isn't reached, the attorney is prepared to present his client's case before the court of law and bringing all the necessary pleadings and motions.
If you're thinking of hiring an attorney for personal injury it is important to compare their expertise, success rate and fees before making a final decision. You can ask friends family members, coworkers or even your own parents for recommendations or look into the lawyer referral service which is managed by your bar association. These services will pair you with lawyers that are experienced in the area of law you require and meet certain requirements.
Discovery
All personal injury cases which go to trial include a process called discovery. It is the time when both parties in a case are required to exchange information and evidence. 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 settled in a court of law by a judge or jury.
In personal injury claims the majority of the discovery involves gathering the evidence needed to establish that a different party was responsible for the incident and the injuries that resulted from it. This can range from medical bills and records to photos of the accident site and video footage. In certain instances expert testimony might be required to back an assertion.
During the discovery phase, your attorney will ask you to provide any documents you have in your possession that pertain to your case. For instance your lawyer may request copies of any insurance policies you currently have in force as well as the names of anyone who was a victim of the incident, and any other documentation of lost income. Interrogatories are written queries to which you must respond under oath. These might be questions regarding any health insurance coverage you have, the deductibles of these policies, as well as other relevant details. Depositions are another process where the defense attorney is able to take your testimony under oath regarding the facts of the accident or your injuries. Your lawyer will prepare your deposition to ensure that you feel confident.
It is crucial to be honest during the discovery process. If you conceal any information from your attorney, it may hurt your case. For example, if you don't reveal that you suffer from a preexisting condition, and that condition is made worse by your injuries, it could affect the amount you receive in a settlement.
Most Manhattan personal injury lawyers are on a contingent basis, which means that they won't charge you any fees until they win your case. However, it is crucial 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 is the process of taking a case to court, where a judge or jury decides the outcome. You Tube allows parties to reach an agreement through the help of an impartial third party known as mediator. It's usually less expensive, faster and more tolerant than a trial.
The aim of mediation should be to allow both parties to reach an agreement on a settlement that they both can be content with. A competent personal injury lawyer will know how to structure a settlement that will provide the client with an appropriate amount of compensation. They will also be able to negotiate with the insurance company to get the best result.
During mediation, both plaintiff and the defense will have an opportunity to give their opening statements. The defense will try to discredit the plaintiff's claims, citing any independent medical exam findings or denying their own assertions about the incident. The defense will also try to explain that their estimate of the claim is lower than what the plaintiff's attorney demanded.
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, passing information from one side to the other. The plaintiff's personal injury lawyer will discuss their negotiating moves with the defense attorney in an effort to convince them that the case is worth more than what they're offering.
Certain insurance companies will make low-ball offers during mediation to determine what the plaintiff's lawyer will do. They want to know whether the victim's lawyer is afraid of going to trial and will accept their low offer. It is important that a personal injury lawyer is prepared for mediation prior to going to court. Insurance companies will use this to their advantage in the event that they aren't prepared, and can intimidate the lawyer into accepting a low-ball offer. If you're willing to go through mediation, however, your personal injury lawyer can leverage the information you have to improve your outcome. This will save you time and money in the long run. You might not even need to appear in court.
Trial
After a thorough investigation, your personal injury lawyer will prepare to go to trial. This could take months. Your attorney will collect evidence, including police reports, CCTV footage medical and insurance records. They can also engage experts in order to determine the cause of injury and to evaluate damages.
A judge or jury will determine if the responsible party is at fault, how much you should be compensated and for what damages you are entitled to. In a personal injuries case, compensation can be given 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 are successful in settling your case. Different attorneys use different pricing models which is why it's important to ask them about their fees before deciding to represent you.
Regardless of the kind of personal injury case you are facing the lawyer you hire will have to prove 4 key elements: duty, breach and causation, as well as damages. They must demonstrate that the other party or company owed you a duty to act in a particular way, they did not perform their duty and caused injury or harm to you.
They must prove that you suffered damages, such as medical bills as well as lost wages and property damage and that these were directly caused by your injuries. Then, they'll need to convince the jury that you deserve an appropriate settlement for your losses.
It is important to realize that the majority (if not all) of personal injury cases are settled outside of court through an agreement. Settlements tend to be quicker and less risky than trials. However it is important to note that your NYC personal injury lawyer will be ready to take your case to trial should you need to ensure the best possible outcome for you.