What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent victims whose lives are disrupted through car accidents, medical mistakes or workplace injuries. They assist in recovering compensation for any damages.
Your attorney will request documents such as police or accident reports; medical bills and records; school and employment information, and any other documentation that is relevant.
Liability Analysis
A personal injury lawyer will first determine the basis of liability. It depends on the accident nature and the circumstances. In personal injury cases, the three most common theories are strict liability and negligence, as well as breach of warranty. The basis for negligence claims is a defendant's failure to act with the same degree of care and prudence a reasonable person would in similar circumstances. Examples of negligent conduct include driving a car while impaired by alcohol or drugs recklessness, inability to use safety equipment, and ignoring the need to keep roads in good order.
If they believe that the at-fault party can be held liable, the attorney will start discussions to negotiate a financial settlement. This may involve presenting evidence to the insurance company, such as medical records, police reports or witness statements. They may also gather information regarding the injured party's medical expenses in the future, lost wages, and other damages.
In many instances, the insurance company will accept a fair settlement. If not, the lawyer will prepare for trial by filing a lawsuit against the party responsible and ensuring that all evidence is prepared to be presented in court. They will also inform their client of any witnesses they intend to call, and may also hire an expert witnesses to describe the details of the case that they are unable to explain on their own.
Before the trial begins, the personal injury attorney typically attends mediation with the representative of the insurance company and their client to try to negotiate an agreement. If there is no settlement the lawyer will be prepared to present their client's case to the court, bringing the appropriate motions, pleadings and petitions together.
If you are considering hiring an attorney for personal injury it is important to compare their experience, success rate, fees and more before deciding. Ask friends, family or colleagues to recommend a lawyer. You can also take advantage of the lawyer referral service offered by your bar. These services will pair you with lawyers that have experience in the area of law you require and who meet certain requirements.
Discovery
All personal injury cases that go to trial involve a process known as discovery. It is a period during which both parties in the case are required to share information and evidence with each other. In certain cases, this may result in a settlement reached, which will stop the legal process. In other cases it can lead to the case being decided in the courts of law by the judge or jury.
In personal injury cases, a major part of the investigation process involves gathering evidence to show that the accident and injuries were caused by another party. This can include any medical bills, documents, photographs of the accident scene, and even video footage. In certain cases expert witness testimony could be required to back the claim for damages.
During the discovery process the lawyer will request any documents that you have in your possession or control that are relevant to the case. For instance the lawyer will ask for 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 evidence of loss of income. Other requests may include interrogatories that are written questions you must answer under the oath. These might be questions regarding any health insurance coverage you have, the deductibles for the policies, or other relevant information. There is also a process known as depositions, which entails the defense attorney giving your testimony under oath about the facts of the accident and your injuries. Your lawyer will prepare you for the deposition to make sure you are comfortable.
It is crucial to be honest throughout the discovery process. Keep any information you have from your lawyer. It can hurt your case. For instance, if do not disclose that you have a preexisting condition, and that condition is aggravated by your injuries, it could affect the amount of money you receive in settlement.
The majority of Manhattan personal injury lawyers are on a contingent basis, meaning they don't charge any fees until they have won your case. It is nevertheless important to discuss billing plans with your potential attorney before you choose them.
Mediation
Mediation is the preferred method of settling most personal injury cases. Litigation involves taking a case to court, where a judge or jury decides the outcome. Mediation however allows parties to come to an agreement that is mutually acceptable by utilizing an impartial third party, referred to as a mediator. It's usually less expensive, faster and more collaborative than a trial.
The goal of mediation is to force both parties to agree on a settlement amount everyone can live with. A skilled personal injury lawyer will know how to structure a settlement that will provide the client with an appropriate amount of compensation. They can also negotiate with the insurer to ensure the best outcome.
Both the plaintiff as well as the defense will be able to make their opening statements during mediation. The defense will attempt to discredit any claims made by the plaintiff using independent medical examination findings or disputing the accident account. The defense will also explain why their valuation of the claim is less than what the plaintiff's attorney asked for.
The mediator will then divide the two parties in separate rooms after the opening statements. You Tube will then move back and forth between rooms, passing information from one side to the other. The plaintiff's lawyer will talk to the defense attorney about their negotiating strategies, and try to convince them that they are worth more than the offer.
Certain insurance companies will make low offers during mediation to determine what the plaintiff's lawyer will do. They want to see whether the attorney representing the victim is afraid of going to court and accept their low offer. This is why it's vital that an attorney for personal injury is prepared for mediation before attending it. The insurance company can profit from this if they are not prepared and could sway the lawyer to accept a low-ball offer. If you're ready for mediation however, your personal injury lawyer can utilize this information to help improve the outcome. This will save you time and money. It could even save you from having to go to trial altogether.
Trial
The personal injury attorney you choose will prepare for trial following a a thorough investigation. It could take a long time. Your lawyer will gather evidence, including police reports, CCTV footage and medical and insurance documentation. They may also employ experts to determine the cause of your injuries and to determine the extent of your injuries.
A jury or judge decides whether you are entitled to damages, how much compensation you should receive and if you are able to sue the party responsible. In a personal injury lawsuit it could be the payment of physical suffering and pain permanent disability loss of enjoyment life, emotional distress, lost wages, and much more.
The majority of personal injury lawyers are on a contingent basis, meaning they are not paid until they are successful in settling your case. Different attorneys use different pricing models, so it's best to ask them about their fees before deciding to represent you.
Your lawyer must establish four main elements, regardless of the type of case you're pursuing such as breach of duty, causation, and damages. They will need to show that the other party or company owed you a duty to act in a particular way, they did not perform their duty and that caused you harm or injury.
They must prove that your injuries caused you to incur expenses like medical bills, lost wages or property damage. They must then convince the 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 by an agreement. Settlements tend to be quicker and less risky than a trial. Your NYC personal injury lawyer will be ready to take on trial in order to get the best possible outcome for you.