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What Happens When You Hire a Personal Injury Lawyer? Personal injury lawyers represent victims who are affected through car accidents or medical errors, or workplace injuries. Wichita Falls injury lawyer You Tube assist them in obtaining compensation for any damages. Your lawyer will request 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 first determine the basis of liability. It depends on the incident type and the facts involved. In personal injury cases, the three most common theories are strict liability, negligence and breach of warranty. The basis for negligence claims is the defendant's inability to exercise the same level of care and prudence reasonable people would exercise under similar circumstances. Examples of negligent actions include driving when impaired by drugs or alcohol, recklessness, failure to use safety equipment, and ignoring the need to keep roads in good condition. If they believe that the party at fault could be held accountable, the attorney will start discussions to negotiate an agreement to settle the financial issue. It could be necessary to provide evidence, like police reports, medical records and witness statements to the insurance company. They may also collect information regarding the injured party's future medical expenses, lost wages and other damages. In most instances, the insurance company will negotiate an acceptable 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 in court. They will inform their client of any witnesses they intend to interview, and could engage an expert witness to describe certain aspects they are unable to explain by themselves. Personal injury attorneys will participate in mediation prior to a trial to try and reach an agreement with their client and the insurance company representative. If a settlement cannot be reached, the attorney is prepared to present his client's case in an appropriate court by bringing all necessary pleadings and motions. If you are considering hiring a personal injury lawyer, you should compare their experiences, success rates and fees before making a final decision. 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 have experience in the field of law you are interested in and meet a set of criteria, such as being an active member of the state bar and having a record of satisfied clients. Discovery All personal injury cases that go to trial are subject to the process of discovery. It is the time where the parties involved in a case have to exchange information and evidence. In some instances, this could result in a settlement which will stop legal proceedings. In other instances it can lead to the case being resolved in the courts of law, either by the judge or jury. In personal injury lawsuits the majority 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 anything from medical bills and documents, photographs of the accident scene, and even video footage. In certain cases, expert witness testimony may be required to prove a claim for damages. During the discovery process Your lawyer will require you to submit any documents you have in your possession or control that pertain to the case. Your lawyer might request copies of your insurance policies along with the names and contact details of anyone who was involved in the accident, or other documentation that proves the loss of income. Interrogatories are written inquiries to which you have to respond under the oath. These might be questions regarding any health insurance you have, the deductibles on those policies, and other pertinent information. Depositions are another method where the defense attorney is able to take your testimony under oath about the facts of the accident or the injuries you sustained. Your lawyer should work closely with you to prepare for your deposition so you feel confident going into the session. It is essential to be honest throughout the discovery process. Do not divulge any information to your lawyer. It could harm your case. For instance, if fail to disclose that you have a preexisting medical condition, and it is made worse by your injuries, it could affect the amount you receive in settlement. Most Manhattan personal injury lawyers work on a contingency basis that means they will not charge you any fees unless they prevail in your case. It is crucial to discuss the billing arrangement with your lawyer prior to hiring them. Mediation Mediation is the preferred method of settling most personal injury cases. Litigation is the process of bringing an issue before a court, where a judge will determine the outcome. Mediation allows parties to reach an agreement with the help of an impartial third party known as mediator. It's generally cheaper, quicker and more collaborative than a trial. The goal of mediation is to help both parties agree on a settlement that they both can be content with. A good personal injury lawyer will be able to craft an agreement that provides the client with a fair amount of compensation. They will also be able to negotiate with the insurer to ensure the best outcome. Both the plaintiff as well as the defense will be able to present their opening statements at mediation. The defense will try to discredit any claims made by the plaintiff, citing independent medical examination findings or disputing the accident account. The defense will also provide reasons why they believe the claim is lower than the amount requested by the plaintiff's attorney. The mediator will then divide the two parties in separate rooms following the opening statements. The mediator will then move back and forth between the rooms, carrying information from one side to the other. The lawyer representing the plaintiff will speak to the defense attorney about their negotiating strategies, and then try to convince them that they are worth more than what they are offered. Certain insurance companies will make low-ball mediation offers to determine what the lawyer for the plaintiff will do. They want to see if the victim's attorney is afraid of going to court and accept their low offer. It is important that a personal injuries lawyer is prepared for mediation prior to going to court. If they're not then the insurance company could make use of this by threatening the lawyer to accept their offer. If you're willing to go through mediation but not sure how, your personal injury lawyer can leverage the information you have to improve your outcome. This will save you time and money. You might not even need to go to court. Trial Your personal injury lawyer will prepare for trial following a a thorough investigation. It could take a long time. Your attorney will gather evidence such as police reports, CCTV footage and medical and insurance documents. They may also employ experts to determine the source of your injuries and determine the extent of your injuries. A jury or judge decides whether you are entitled to damages, and how much compensation you will receive and if you are able to sue the responsible party. In a personal injury lawsuit, this can include compensation for physical pain and suffering permanent disability loss of enjoyment of life emotional distress, loss of wages and more. Most personal injury lawyers are on a contingency basis, which means they aren't paid until they prevail in your case. Different attorneys use different pricing structures and it's a good idea to inquire about their fee structure before signing a contract to represent you. Regardless of the type of personal injury claim you have the lawyer you hire will have to prove four key elements: duty, breach and causation, as well as damages. They will have to show that the other party or business had a duty to you to behave in a specific manner, but did not follow through. This caused you harm/injuries. They must prove that you suffered damages like medical bills, lost wages and property damage and that they were the direct result of your injuries. Then, they'll need to convince the jury that you deserve an equitable settlement for your loss. It is important to know that the vast majority (if not all) of personal injury cases are settled out of court by an agreement. Settlements tend to be quicker and less risky than trials. However it is important to note that your NYC personal injury lawyer will be ready to take your case to trial should you need to ensure the best possible outcome for you.