What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent people who's lives have been affected by car crashes or medical errors, as well as workplace injuries. They help them recover compensation for damages.
Your attorney will ask for documents such as police or accident reports, medical bills and records; school and employment information, and any other pertinent documentation.
Liability Analysis
A personal injury lawyer will initially determine the basis of liability. This is based on the nature of accident and the particular circumstances. The three most common theories of liability in personal injury cases are negligence and strict liability, as well as breach of warranty. Negligence claims arise when a defendant fails act with the same level of care and caution as a reasonable person would in similar circumstances. Examples of negligent acts 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 condition.
If they believe that the party at fault could be held accountable and the attorney begins negotiating an agreement on the financial side. This could include presenting evidence to the insurance company such as medical documents, police reports and witness statements. They will also collect information about the injured party's medical expenses in the future as well as lost wages and other damages.
In many cases, the insurance company will accept a fair settlement. If not, the lawyer will prepare for trial by filing an action against the responsible party and ensuring all evidence is prepared to be presented in court. They will inform their client of any witnesses they intend to call, and may employ an expert witness to explain certain aspects they are unable to explain by themselves.
Personal injury attorneys will participate in mediation prior to a trial to try and reach a settlement with their client and the insurance company representative. If no settlement is reached the attorney will be ready to present their client's case in court, bringing appropriate pleadings, motions and petitions along with them.
Before you make a decision, compare the success rate, experience and fees of personal injury lawyers you're considering. Ask friends, family or colleagues to recommend a lawyer or check out the lawyer referral service offered by your bar. These services can connect you with lawyers that are experienced in the area of law you require and who meet certain criteria.
Discovery
All personal injury cases which go to trial will involve the process of discovery. This is the time that both parties in a case are required to provide evidence and information. In some cases this will result in a settlement which will end legal proceedings. In other cases, it will result in the case being resolved in the court of law, either by jurors or judges.
In personal injury cases there is a significant portion of the investigation involves obtaining the necessary evidence to show that a third person was responsible for the accident and the injuries that resulted from it. This can range from medical documents and bills to photographs of the accident site and video footage. In certain instances expert testimony might be required to support a claim.
During the discovery process the lawyer will require you to submit any documents that you have in your possession or under your control that pertain to the case. For example your lawyer may request copies of any insurance policies you currently have in force as well as the names of anyone who was involved in the accident, as well as any other evidence of lost income. Other requests may include interrogatories which are written questions that you have to answer under the oath. These questions could be about your health insurance, the deductibles on those policies, or other pertinent information. Depositions are another procedure where the defense attorney takes your testimony under oath regarding the details of the incident or the injuries you sustained. Your lawyer will prepare you for the deposition in order to make sure you are comfortable.
It is important to remain honest during the discovery process. If you conceal any information from your attorney, it could hurt your case. For You Tube , if you don't declare that you have a preexisting condition, and that condition is made worse by the injuries you sustained, it could affect the amount you receive in a settlement.
Most Manhattan personal injury lawyers operate on a contingency fee, meaning they will not charge you any fees unless they succeed in winning your case. However, it is crucial to discuss billing structures with your potential attorney before you hire them.
Mediation
The majority of personal injury cases are resolved by mediation rather than litigation. Litigation involves taking a matter to court where a judge or jury decides the outcome. Mediation however allows parties to reach an agreement that is mutually acceptable with the help of a neutral third party called mediator. It is usually less expensive, faster and more cooperative than going to court.
The aim of mediation should be to get both parties to agree on an amount for settlement that they can all accept. An experienced personal injury lawyer will be able to structure the settlement so that the client receives fair compensation. They will also be competent to negotiate with the insurance company to get the best possible outcome.
Both the plaintiff as well as the defense will be able to make their opening statements during mediation. The defense will try to discredit the plaintiff's claims by citing any medical examination findings from independent sources or disputing their account of the accident. The defense will also try to explain why their valuation of the claim is less than the amount that the plaintiff's lawyer requested.
The mediator will then split the two parties in separate rooms following 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 then try to convince them that they are worth more than what they are offered.
Some insurance companies offer low-ball mediation offers to see what the plaintiff's lawyer will do. They want to see if the victim's attorney is afraid of going to court and will accept their low offer. This is why it's vital that the personal injury lawyer is well prepared for mediation before attending it. The insurance company will profit from this when they're not prepared, and may entice the lawyer to accept a lower-cost offer. If you're willing to go through mediation but not sure how, your personal injury lawyer can use that information to help improve the outcome. This will save you time and money in the long in the long run. You may not even have to appear in court.
Trial
After a thorough investigation your personal injury lawyer will prepare to trial. This can take a few months. Your lawyer will gather evidence, such as police reports, CCTV footage, medical and insurance documents. They can also engage experts to determine the cause of the injury and to assess damages.
A jury or judge will decide if the party responsible is to blame, how much you should be compensated and what damages you are entitled. In a personal injury case it could be the compensation for physical pain and suffering permanent disability loss of enjoyment life emotional distress, lost earnings and more.
Most personal injury lawyers are on a contingency basis which means that they aren't paid until they prevail in your case. However, different attorneys follow various pricing models so it is best to inquire about their fee structure before agreeing to representation.
Regardless of the kind of personal injury case you have, your lawyer will need to prove 4 key elements that include breach of duty and causation, as well as damages. They must prove that the other party or company was obligated to you to act in a particular way, but failed to do so. The result was injury or harm to you.
They will need to show that you have suffered losses, such as medical bills as well as lost wages and property damage, and that they were directly caused by your injuries. They will then need to convince the jurors that you have a right to 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 usually quicker and less risky than going to trial. Your NYC personal injury lawyer will be ready to go to trial to get the best possible result for you.