What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent those who have been affected by accidents in the car or medical errors, or workplace injuries. They help them recover the financial compensation they deserve for their injuries and losses.
Your lawyer will request documents such as police or accident reports, medical bills and records; school and employment details, as well as any other documentation that is relevant.
Liability Analysis
When a personal injury lawyer decides to take on an instance, they begin by determining the theories of the liability. It is based on the accident type and the facts involved. In personal injury cases the three most commonly used theories are strict liability, negligence and breach of warranty. Negligence claims are made when a defendant does not act with the same level of care and prudence as a reasonable person would in similar circumstances. Examples of negligent conduct include driving while under the influence of alcohol or drugs, reckless driving, inability to use the proper safety equipment, and not ensuring that roads are in good condition.
If the attorney believes the person responsible can be held accountable, they will begin negotiating an agreement on financial terms. It could be necessary to present evidence, like medical records, police reports and witness statements, to the insurance company. They will 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 acceptable amount. If not, the lawyer will prepare for trial by filing a lawsuit against the responsible party and making sure all evidence is ready to be presented in court. They will also notify their client of any witnesses they plan to call, and may also hire an experts to explain aspects of the case they are unable to explain on their own.
Before a trial begins, the personal injury attorney will usually attend mediation with the insurance company representative and their client in order to reach an agreement. If there is no settlement, the lawyer will be prepared to present their client's case in court, bringing appropriate pleadings, motions and petitions along with them.
Before you make a decision, compare the track record, success rate and fees of personal injury lawyers you are looking at. Ask your family, friends or coworkers to recommend a lawyer, or check out the lawyer referral service run by your bar. These services will match you with lawyers who are skilled in the field of law you require and meet certain requirements.
Discovery
All personal injury cases that go to trial include a process called discovery. It is a time in which both parties in the case are required to share evidence and information with one another. In some instances, this could result in a settlement which will put an end to legal proceedings. In other cases it can lead to the case being decided in the court of law by a judge or jury.
In personal injury cases, a significant part of the investigation process is gathering evidence to prove that the injuries and accident were caused by another party. This can be any medical bills, documents, photographs of the accident scene, and even video footage. In certain instances, expert witness testimony may be required to back an action for damages.
During the process of discovery, your lawyer will also require you to submit any documents in your possession or under your control that pertain to the case. For example the lawyer will ask for copies of any insurance policies that you are currently enrolled in and the names of any person who was a victim of the incident, and any other evidence of lost income. Interrogatories are written queries that you must answer under an oath. They could ask you questions about the health insurance you have, the deductibles for the policies, or other pertinent details. There is also a process called depositions, which involves the defense attorney taking your testimony under oath concerning the facts of the accident and the injuries you sustained. Your lawyer should collaborate with you to prepare you for your deposition so that you are prepared going into the session.
It is important to be honest during the discovery process. If you conceal any information from your attorney, it can hurt your case. If you don't reveal a preexisting medical condition and your injuries worsen it the chances are that you will be affected by the amount of the compensation you receive.
Most Manhattan personal injury lawyers operate on a contingency fee, meaning they will not charge you any costs unless they prevail in your case. However, it is crucial to discuss billing structures with your potential attorney before you hire them.
Mediation
Mediation is the preferred method of settling the majority of personal injury cases. Litigation is the process of taking the case to court, where a judge will decide on the outcome. Mediation however allows parties to come to an agreement on a mutually beneficial settlement by utilizing an impartial third party, referred to as a mediator. It's usually cheaper, quicker, and more cooperative than a trial.
The goal of mediation is to bring both sides to reach an agreement on a settlement amount everyone can live with. An experienced personal injury lawyer will be able to structure the settlement in order that the client receives an amount that is fair. They'll also be able to negotiate with the insurance company to achieve the most favorable outcome.
Both the plaintiff and the defense will be able to make their opening statements at mediation. The defense will try to discredit any claims made by the plaintiff by citing independent medical exam findings or denying the accident report. The defense will also discuss why they value the claim lower than the amount sought by the plaintiff's attorney.
After the opening statements The mediator will then break the two parties into separate rooms. The mediator will then go back and forth, passing information from one room to the next. The plaintiff's personal injury lawyer will discuss their negotiation strategy with the defense attorney and try to convince them that the case is worth more than what they're offering.
Some insurance companies will make low-ball offers during mediation to see what the lawyer for the plaintiff's attorney will do. They want to know if the victim's lawyer is scared of going to trial and accept their low offer seriously. This is the reason it's crucial that an attorney for personal injury is well-prepared for mediation prior to attending. If they're not prepared, the insurance company may use that to their advantage by threatening the lawyer to accept their offer. If you're ready for mediation, however, your personal injury lawyer can use that information to help improve the outcome. This will save you time and money in the long run. And YouTube could even stop you from going to trial at all.
Trial
Your personal injury attorney will prepare for trial after an exhaustive investigation. It could take a long time. Your attorney will collect evidence, such as police reports and CCTV footage as well as medical and insurance documentation. They can also engage experts in order to determine the cause of injury and to assess damages.
A jury or judge will decide if the responsible party is at fault, how you should be compensated and the amount to which you are entitled. In a personal injury lawsuit it could be compensation for physical suffering and pain, permanent impairment, loss of enjoyment of life, emotional distress, lost wages, and much more.
The majority of personal injury lawyers are contracted on a contingency basis, which means they are not paid until they succeed in winning your case. Different attorneys use different pricing models which is why it's important to inquire about their fees before deciding to represent you.
Regardless of the kind of personal injury case you have, your lawyer will need to prove four key elements: duty, breach and causation, as well as damages. They will need to show that the other party or business had a legal obligation to you to act in a specific manner and did not perform the duty. This caused you harm/injuries.
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 need to convince jurors that you have a right to compensation for your losses.
It is important to recognize that the vast majority of personal injury cases settle out of court by settling. Settlements are usually faster and less risky than trial. However you should know that your NYC personal injury lawyer will be prepared to go to trial if needed to ensure the best possible outcome for you.