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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who's lives have been affected by car accidents or medical mistakes, or workplace injuries. Bakersfield injury lawyers assist them in obtaining the financial compensation for the losses and damages. Your attorney will request documents such as police or accident reports; medical bills and records; employment and school information, as well as any other relevant documentation. Liability Analysis A personal injury lawyer will first determine the legal basis for responsibility. It depends on the accident type and the facts involved. 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 the defendant's inability to exercise the same level of care and prudence that reasonable people would exercise under similar circumstances. Examples of negligent actions include driving when impaired by alcohol or drugs, recklessness, failure to use safety equipment and ignoring the need to keep roads in good order. If they believe that the at-fault party could be held accountable then the attorney will begin discussions to negotiate an agreement to settle the financial issue. This may involve presenting evidence to the insurance company, such as medical documents, police reports and witness statements. They will also gather details about the injured person's future medical expenses or lost wages, as well as other damages. In many instances the insurance company will negotiate an equitable settlement. If not, the attorney will prepare for trial by filing a lawsuit against the responsible party and ensuring all evidence is ready to be presented before the court. They will inform their client of any witnesses they intend to contact, and they may engage an expert witness to describe aspects that they cannot describe themselves. Before the trial begins, the personal injury attorney usually participates in mediation with the insurance company representative and their client in order to reach an agreement. If a settlement is not reached, the attorney is prepared to present his client's case to the court of law by bringing all necessary pleadings and motions. Before making a decision consider the track record, success rate and fees of personal injury lawyer you are considering. Ask your family, friends or colleagues to recommend a lawyer, or look into the lawyer referral service offered by your bar. These services will connect you with lawyers who are skilled in your area of law 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 have the process of discovery. It is the time where both parties in a case are required to exchange information and evidence. In some cases this will lead to a settlement, which will stop legal proceedings. In certain cases, this may result in a settlement being reached, which will stop the legal proceedings. In personal injury cases there is a significant portion of the discovery involves gathering the evidence required to establish that a different party was accountable for the incident and the injuries that resulted from it. This can be everything from medical bills to documents, photographs of the scene of the accident, and even video footage. In some cases expert testimony could be required to prove a claim. During the discovery stage, your attorney will request any documents you may have in your possession that pertain to your case. Your lawyer may ask for copies of your insurance policies, the names and contact numbers of any person involved in the accident, or other documentation proving lost income. Interrogatories are written questions that you must answer under an oath. These might be questions regarding the health insurance you have, the deductibles on the policies, or other relevant details. There is also a procedure called depositions, and it involves the defense attorney giving your testimony under oath regarding the details of the incident and your injuries. Your lawyer should collaborate closely with you in preparing you for your deposition to ensure that you are confident about your testimony before the session. It is crucial to be honest throughout the discovery process. Hide any information from your lawyer. It could harm your case. For instance, if you don't declare that you have an existing medical condition, and it is worsened by your injuries, it can affect the amount you receive in a settlement. Most Manhattan personal injury lawyers work on a contingency basis, meaning they will not charge you any charges unless they prevail in your case. However, it is important to discuss billing plans with the lawyer you are considering before you choose them. Mediation Most personal injury cases are resolved via mediation instead of litigation. Litigation involves taking a matter to court, where juries or judges decide the outcome. Mediation is a way for parties to reach an agreement with the help of an impartial third party known as mediator. It's usually less expensive, quicker, and more cooperative than a trial. The goal of mediation should be to allow both parties to agree on an amount for settlement that they can all live with. A good personal injury attorney will be able to structure the settlement in order that the client gets fair compensation. They will also be able to work 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 a mediation. The defense will try to discredit the claims of the plaintiff by citing any independent medical examination findings or denying their account of the accident. The defense will also try to explain why their valuation of the claim is less than what the attorney for the plaintiff demanded. After the opening statements the mediator will divide the two parties into separate rooms. The mediator will then move between the rooms, passing information from one side to the other. The lawyer representing the plaintiff will speak to the defense attorney about their negotiation strategies, and then try to convince them that they are worth more than the amount offered. Certain insurance companies offer low-cost mediation offers to determine what the lawyer representing the plaintiff will do. They want to know if the lawyer representing the victim is afraid of going to trial and will accept their low-ball offer. This is why it's vital that an attorney for personal injury is prepared for mediation before attending it. The insurance company will profit from this when they're not prepared and could sway the lawyer to accept a lower-cost offer. If you're ready to negotiate, however your personal injury lawyer can leverage the information you have to increase the chances of success. This will save time and money. It could even save you from going to trial at all. Trial Your personal injury attorney will prepare for trial following a thorough investigation. This could take months. Your lawyer will gather evidence, such as police reports and CCTV footage, medical and insurance documents. They can also engage experts to determine the cause of your injuries as well as determine the extent of your injuries. A judge or jury decides if you are entitled to damages, and how much compensation you should receive and if you can sue the responsible party. 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 more. The majority of 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 before signing a contract to represent you. Your lawyer must demonstrate four essential elements regardless of the type of case you're trying to resolve: duty, breach of duty, causation and damages. They must prove that the other party or company was obligated to act in a particular way, but they didn't do it and that caused you harm or injury. They will have to demonstrate that their injuries caused you to suffer injuries, such as lost wages and medical bills, or property damage. They will then have to convince jurors that you are entitled to compensation for your losses. It is important to know that the majority (if not all) of personal injury cases are settled out of court by an agreement. It is generally faster and less risky than going to trial. Your NYC personal injury lawyer will be ready for trial to get the best possible result for you.