What Happens When You Hire a Personal Injury Lawyer?
Personal injury lawyers represent victims who's lives have been affected by car crashes, medical errors or workplace injuries. Burbank injury lawsuits assist them in obtaining the financial compensation they deserve for their injuries and losses.
Your attorney will request documents such as police or accident reports; medical bills and records; employment and school information, as well as any other pertinent documentation.
Liability Analysis
A personal injury lawyer will initially determine the basis of liability. It is determined by the nature of accident and the particular circumstances. The three most popular theories of liability in personal injury cases are negligence or strict liability, and breach of warranty. Negligence claims are made when a defendant fails to perform the same amount of care and caution as a reasonable person in similar circumstances. Examples of negligent actions include operating a motor vehicle when 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 the attorney believes that the party responsible for the fault could be held responsible, they will begin negotiating an agreement for financial settlement. This may involve giving evidence to the insurance company, such as medical records, police reports or witness statements. They will also collect details about the injured person's medical expenses in the future, lost wages, and other damages.
In many cases, an insurance company 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 making sure all evidence is ready to be presented before the court. They will inform their client of witnesses they plan to interview, and could employ an expert witness to discuss aspects that they cannot explain by themselves.
Personal injury lawyers are required to take part in mediation prior to trial to attempt to reach a settlement with their client and the insurance company representative. If no settlement is reached, the lawyer will be prepared to present their client's case in court, bringing the appropriate pleadings, motions and petitions along with them.
Before you make a decision, compare the experience, success rate and fees of personal injury lawyer you are considering. Ask family members, friends or coworkers to recommend a lawyer. You can also look into the lawyer referral program offered by your bar. These services can match you with lawyers who are experienced in your area of law and meet a set of criteria for example, being a member of the state bar or having a the track record of having satisfied clients.
Discovery
All personal injury cases that go to trial involve the process of discovery. It is a time during which both parties involved in the case are required to share information and evidence with each other. In some cases, this could result in a settlement being reached, which will stop the legal process. In other cases it can result in the case being settled in the court of law by a judge or jury.
In personal injury claims there is a significant portion of the discovery involves gathering the evidence required to show that a third party was accountable for the accident and the injuries that resulted from it. This could include anything from medical bills and records to photos of the accident site and video footage. In certain instances expert witness testimony might be required to prove an action for damages.
During the discovery process, your lawyer will also ask you to provide any documents in your possession or under your control that pertain to the case. Your lawyer could request copies of your insurance policies, the names and contact information of anyone involved in the accident, or other documentation proving lost income. Other requests may include interrogatories which are written questions you have to answer under the oath. These might be questions regarding the health insurance you have, the deductibles of the 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 should prepare you for the deposition to ensure you feel comfortable.
It is essential to be honest throughout the discovery process. Do not divulge any information to your lawyer. It could harm your case. If you don't divulge a medical condition that is preexisting and your injuries aggravate it, you could be affected by the amount of the compensation you receive.
Most Manhattan personal injury lawyers operate on a contingency basis, which means they don't charge any fees until they have won your case. However, it is important to discuss billing plans with the lawyer you are considering before you choose them.
Mediation
Mediation is the preferred method of settling the majority of personal injury cases. Litigation involves taking a case to court and a judge or jury decides the outcome. Mediation however, allows parties to reach an agreement that is mutually acceptable with the assistance of an impartial third party known as mediator. It is generally cheaper and quicker than going to court.
The purpose of mediation is to force both parties to reach an agreement on a settlement amount everyone can live with. An experienced personal injury lawyer will know how to structure the settlement so that the client receives an equitable amount of compensation. They will also be able to work with the insurer to get the best result.
Both the plaintiff and defense can make their opening statements during mediation. The defense will attempt to discredit the plaintiff's claims and will cite any independent medical examination findings or denying their own account of the accident. The defense will also argue why their valuation of the claim is lower than what the plaintiff's attorney demanded.
The mediator will then split the two parties into separate rooms after the opening statements. The mediator will then go between the rooms, transferring information from one side to the other. 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 the amount they're offering.
Some insurance companies will make low-ball offers at mediation to see what the lawyer for the plaintiff will do. They want to know whether the victim's lawyer is scared of going to trial and will accept their low-ball offer seriously. It is important that a personal injury lawyer is prepared for mediation prior to going to court. Insurance companies will use this to their advantage in the event that they aren't prepared, and can intimidate the lawyer to accept a low-ball offer. Your personal injury lawyer will use this information to improve the outcome of your case if you are willing to go through mediation. This can save time and money. You may not even have to go to court.
Trial
After a thorough investigation, your personal injury lawyer will prepare to trial. This can take a few months. Your attorney will collect evidence such as police reports, CCTV footage and medical and insurance papers. They may also hire experts to determine the source of the injury and to evaluate damages.
A jury or judge will decide if the responsible party is at fault, as well as how you should be compensated and for what damages you are entitled. In a personal injury case there is a possibility of compensation for physical discomfort and pain as well as permanent disability, emotional stress and loss of enjoyment the life, and lost earnings.
The majority of personal injury lawyers are on a contingent basis, meaning they are not paid until they are successful in settling your case. However, different attorneys use various pricing models so it is best to ask about their fee structure before agreeing to representation.
Regardless of the nature of the personal injury case you have, your lawyer will need to prove four key elements which are breach of duty, duty and causation, as well as damages. They will need to show that the other party or company was obligated to act in a certain manner, but failed to do so and caused injury or harm to you.
They must demonstrate that you suffered damages, such as medical bills, lost wages and property damage and that they resulted directly from your injuries. Then, they will need to convince the jury that you have a right to an appropriate settlement for your loss.
It is important to understand that the vast majority of personal injury cases settle out of court by settling. Settlements are usually faster and less risky than a trial. Your NYC personal injury lawyer will be ready to go to trial to ensure the best outcome for you.