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Personal injury lawyers represent those whose lives are disrupted through car accidents or medical errors, or workplace injuries. They help them recover the financial compensation they deserve for their damages and losses.
Your attorney will ask for documents such as police or accident reports; medical bills and records; school and employment information, as well as any other pertinent documentation.
Liability Analysis
A personal injury lawyer will initially determine the theory of responsibility. It depends on the accident nature and the circumstances. The three most commonly used theories of liability in personal injury cases are negligence and strict liability, as well as breach of warranty. Negligence claims are made when a defendant fails to exercise the same degree of care and prudence as a reasonable individual in similar circumstances. Examples of negligent conduct include driving while impaired by alcohol or drugs, recklessness, failure to use safety equipment and failing to maintain roads in good condition.
If they believe that the party at fault is liable and the attorney begins negotiations for an agreement on the financial side. It may be necessary to provide evidence, including medical records, police reports and witness statements to the insurance company. They will also collect information regarding the injured party's future medical expenses, lost wages and other damages.
In many instances, insurance companies will agree to settle for an acceptable amount. If not, the lawyer will prepare for trial by filing a lawsuit against the responsible party and ensuring all evidence is ready to be presented in court. They will also inform the client of any witnesses they intend to call, and may engage an expert witness to discuss the details they are not able to explain themselves.
Before the trial begins the personal injury lawyer typically attends mediation with the representative from the insurance company and their client to try to reach a settlement. If no settlement is reached the attorney will be ready to present their client's case in court, bringing the appropriate documents, such as motions, and pleadings together.
Before making a decision consider the track record, success rate and fees of personal injury lawyer you are considering. You can ask friends family members, coworkers or even your own parents for recommendations, or you can look into the services of a lawyer referral program which is managed by your bar association. These services can match you with lawyers who are skilled in your field of expertise and meet a set of criteria, such as being an active member of the state bar and having an established track record of happy clients.
Discovery
Personal injury cases that go to trial require a process known as discovery. It is the time where the parties involved in a case must exchange information and evidence. In some cases, this may result in a settlement which will end legal proceedings. In certain cases, this will lead to a settlement being reached which will end the legal proceedings.
In personal injury cases, a large portion of the investigation involves obtaining the evidence required to prove that another party was responsible for the accident and injuries that resulted from it. This could include anything from medical documents and bills to photographs of the scene of the accident and video footage. In certain cases, expert witness testimony may be needed to support a claim for damages.
During the discovery phase, your attorney will ask you to provide any documents in your possession that relate to your case. For instance your lawyer may request copies of any insurance policies that you currently have in force, the names of anyone who was involved in the accident, as well as any other evidence of loss of income. Interrogatories are written queries to which you must respond under an 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 giving your testimony under oath concerning the details of the incident and the injuries you sustained. Your lawyer will work closely with you to prepare for your deposition to ensure that you are prepared going into the session.
It is important to be honest during the discovery process. Do not divulge any information to your lawyer. It could hurt your case. For example, if you don't disclose that you have an existing health issue, and that condition is worsened by your injuries, it could have a significant impact on the amount of money you receive from a settlement.
The majority of Manhattan personal injury lawyers operate on a contingency basis, which means that they will not charge you any fees until they have won your case. It is important to discuss the billing arrangement with your attorney before hiring them.
Mediation
Mediation is the preferred method of settling the majority of personal injury cases. Litigation involves taking a case to court, where a judge or jury decides the outcome. Mediation, on the other hand, allows parties to reach an agreement on a mutually beneficial settlement with the help of a neutral third party called mediator. It's generally less expensive, faster and more tolerant than a trial.
The purpose of mediation is to bring both sides to agree on a settlement amount that everyone can accept. A competent personal injury lawyer will be able to craft a settlement that will provide the client with a fair amount of compensation. They will also be able negotiate with the insurer to get the best result.
During a mediation, both the plaintiff and defense will be given the opportunity to present their opening statements. The defense will attempt to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident account. The defense will also explain why they consider the claim lower than the amount sought by the plaintiff's lawyer.
After the opening statements, the mediator will break the two parties into separate rooms. The mediator will then go between rooms, passing information from one room to the next. The plaintiff's personal injury lawyer will discuss their negotiation strategies with the defense lawyer in an effort to convince them that the case is worth more than the amount they're offering.
Some insurance companies offer low-ball mediation offers to determine what the plaintiff's lawyer will do. They want to know if the lawyer representing the victim is afraid of going to trial and accept their low-ball offer seriously. It is crucial that a personal injury lawyer is prepared for mediation prior the time they attend. If they're not prepared, the insurance company may make use of this by threatening the lawyer into accepting their low offer. If you're ready to negotiate, however your personal injury lawyer can leverage that information to increase the chances of success. This will save you time and money. You might not need to appear in court.
Trial
After a thorough investigation, your personal injury lawyer will prepare to go to trial. The process could take a few months. Your lawyer will gather evidence, such as police reports and CCTV footage, medical and insurance documents. They can also employ experts to determine the source of the injury and to determine the extent of damage.
A judge or jury decides whether you are entitled to damages, how much compensation you should receive and if you have the right to sue the party responsible. In a personal injury lawsuit, this can include the compensation for physical suffering and pain, permanent impairment, loss of enjoyment of life emotional distress, lost wages and more.
Most personal injury attorneys are contracted on a contingency basis, meaning that they're not paid until they succeed in winning your case. Different lawyers have different pricing methods which is why it's important to inquire about their fee structure prior to agreeing to represent you.
Your lawyer will have to establish four main elements, regardless of the type of case you are pursuing the following: breach of duty, causation and damages. They will need to prove that the other party, or company had a legal obligation to you to behave in a particular way and did not follow through. The result was that you suffered injuries or harm.
They will have to show that the injuries you suffered caused you to incur damages such as medical bills and lost wages, or property damage. They will then have to convince the jurors that you deserve compensation for your losses.
It is crucial to understand that the vast majority (if not all) of personal injury cases are settled out of court by the settlement. It's generally quicker and less risky than going to trial. Your NYC personal injury attorney will be prepared to go to trial to get the best possible outcome for you.