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What Happens When You Hire a Personal Injury Lawyer? Bellevue represent victims whose lives are disrupted through car accidents or medical errors, or workplace injuries. They assist in recovering compensation for the damages. Your attorney will request documents like police or accident reports; medical bills and records; employment and school details, as well as any other relevant documentation. Liability Analysis When a personal injury lawyer takes on the case, they begin by determining the theory of the liability. This depends on the type of accident and the specific circumstances involved. The three most popular theories of liability in personal injury cases are negligence, strict liability and breach of warranty. Negligence claims stem from the defendant's inability to exercise the same level of care and caution that reasonable people would exercise under similar circumstances. Examples of negligent conduct include operating a motor vehicle under the influence of drugs or alcohol reckless driving, a failure to use proper safety equipment, and failing to ensure roadways are in good working order. If the attorney believes that the party at fault can be held accountable, they will begin negotiating an agreement for financial settlement. It could be necessary to provide evidence, like medical records, police reports and witness statements, to the insurance company. They may also collect information regarding the injured party's future medical expenses or lost wages, as well as other damages. In many instances, an insurance company will settle for an amount that is fair. If not, the lawyer will prepare for trial by filing an action against the responsible party and making sure 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 witness to describe aspects of the case they are unable to explain on their own. Before a trial starts the personal injury attorney usually participates in mediation with the representative of the insurance company and their client to try to negotiate an agreement. If there is no settlement the attorney will be ready to present their client's case to the court, bringing the appropriate pleadings, motions and petitions along with them. Before making a choice, compare the experience, success rate and costs of any personal injury lawyers you are considering. You can ask friends, family members or coworkers for recommendations or consider a lawyer referral service which is managed by your bar association. These services will match you with lawyers who are skilled in your area of law and meet certain criteria, such as being an active member of the state bar and having a a record of satisfied clients. Discovery Personal injury cases that go to trial have the process of discovery. It is a period during which both parties involved in the case are required to share information and evidence with each other. In some instances, this could lead to a settlement, which will stop legal proceedings. In other instances, it will lead to the case being resolved in the court of law, either by jurors or judges. In personal injury claims, a large portion of the investigation involves obtaining the necessary evidence to establish that a different party was accountable for the accident and the injuries that resulted from it. This could include everything from medical bills to records, photos of the scene of the accident, and even video footage. In certain cases, expert testimony may be required to back the claim. During the discovery phase, your lawyer will ask you for any documents you may have in your possession that pertain to the case. For instance your lawyer may request copies of any insurance policies that you currently have in force and the names of any person who was a victim of the incident, and any other evidence of loss of income. Interrogatories are written inquiries that you must answer under oath. These could be questions about any health insurance you have, the deductibles on those policies, and other pertinent details. Depositions are another process in which the defense attorney will take your testimony under oath regarding the circumstances of the accident or the injuries you sustained. Your lawyer will prepare you for the deposition in order to ensure you feel comfortable. It is important to remain honest throughout the discovery process. Do not divulge any information to your lawyer. It could harm your case. If you do not reveal a preexisting medical condition and your injuries get worse, you could be impacted by the amount of money that you receive. Most Manhattan personal injury lawyers are on a contingent basis, which means they don't charge any fees until they have won your case. It is essential to discuss the billing arrangement with your attorney prior to making a decision to hire them. Mediation Most personal injury cases are resolved by mediation rather than litigation. Litigation is the process of bringing the case to court where a judge will decide on the outcome. Mediation is a method for parties to come to an agreement with the help of an impartial third party known as a mediator. It is generally less expensive, faster and more cooperative than going to court. The goal of mediation should be to get both parties to reach an agreement on a settlement that they can all accept. A good personal injury attorney will know how to structure the settlement in order that the client receives fair compensation. They will also be in a position to negotiate with the insurance company for the most favorable outcome. Both the plaintiff and defense will be able to present their opening statements during a mediation. The defense will attempt to discredit the plaintiff's claims, citing any independent medical examination findings or disputing their assertions about the accident. The defense will also provide reasons why they value the claim lower than the amount requested by the plaintiff's lawyer. The mediator will then split the two parties in separate rooms following the opening statements. The mediator will then go back and forth, passing information from one room to the next. The lawyer representing the plaintiff will speak to the defense attorney about their negotiating strategies, and try to convince them that they are worth more than the amount offered. Some insurance companies make low offers at mediation to see what the lawyer representing the plaintiff will do. They want to see if the victim's attorney is scared of going to court and accept their low offer. It is essential that a personal injuries lawyer is prepared for mediation prior to going to court. The insurance company will make use of this advantage in the event that they aren't prepared, and may entice the lawyer to accept a low-ball offer. If you're ready for mediation but not sure how your personal injury lawyer can utilize that information to help improve the outcome. This will save you time and money in the long run. And it could even stop you from having to go to trial at all. Trial After a thorough investigation, your personal injury lawyer will prepare to trial. This can take months. Your attorney will gather evidence, including police reports and CCTV footage medical and insurance records. They may also employ experts to determine the cause of your injuries and to evaluate the damages you have suffered. A jury or judge decides if you are entitled to damages, and how much compensation you are entitled to and if you have the right to sue the person responsible. In a personal injury lawsuit, compensation can be given for physical discomfort and pain permanent disability, emotional stress loss of enjoyment of life, and the loss of earnings. The majority of personal injury attorneys are on a contingent basis, which means they are not paid until they win your case. Different lawyers use different pricing methods which is why it's important to ask them about their fees before deciding to represent you. Your lawyer will have to prove four key elements, regardless of the type of case you are pursuing such as breach of duty, causation, and damages. They must demonstrate that the other person or company was obligated to act in a certain manner, but did not perform their duty and caused injury or harm to you. They must demonstrate that their injuries caused you to incur injuries, 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 understand that the majority of personal injury cases settle out of court via a settlement. It is generally faster and less risky than going to trial. Your NYC personal injury attorney will be prepared to go to trial to ensure the best outcome for you.