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What Does a Personal Injury Attorney Do? Personal injury attorneys help people who have been injured by the negligence or misdeeds of other people. They are often faced with high medical costs, lost wages and pain and suffering. An experienced personal injury lawyer can help you get the compensation you need. They begin by gathering evidence. This includes medical records, reports, income loss statements and many more. Legal Representation The job of a personal injury lawyer is to protect the legal rights of the client. They act as an advocate for the rights of clients in the confronting of anger, fear anxiety, frustration, stress and other common emotions that injury victims experience after an accident. They help clients adhere to legal procedures and deadlines, if they want to receive the compensation that they deserve. The first step is gathering evidence for their case. They may speak with witnesses and write an accident report to the police. They also examine documents, like medical records and income loss documents. This information helps them develop an accurate picture of your injuries and losses so that they can determine the damages you are entitled to. A personal injury lawyer will prepare and file a lawsuit after they are fully aware of the extent of your losses and injuries. The complaint provides legal arguments for liability and requests an amount of compensation. The defendant can file an answer to the complaint within 30 days, and the discovery process usually begin at that point. In this time, you may be asked to submit an account to your insurance company. Personal injury attorneys are familiar with the strategies these companies employ to dismiss your claim or undervalue it. They will handle all communication with insurers on your behalf. In most cases, the most effective method to prove the validity of a claim is to provide expert testimony. A personal injury lawyer has access to national recognized medical experts that can testify on behalf of you. They can look over your medical records, speak with witnesses, and present their findings before the court to prove your claims. If a judge or jury decides that you are in your favor, damages will be awarded to cover your injuries and losses. These include general damages for suffering and pain, as well as lost wages and other financial expenses. In certain cases punitive damages may be given to the victim. These are meant to deter and punish future offenses. Liability Analysis In a personal injury case, your lawyer will perform an exhaustive analysis of liability to determine who is responsible for your injuries. They will review applicable statutes, legal precedents and cases to establish an appropriate reason to file an action against each party. It's a long process, particularly when your injuries are complicated and have unique circumstances that require thorough research. The law governing personal injury allows injured individuals to claim compensation for losses caused through the reckless or deliberate actions of another person. These losses may include medical expenses as well as loss of income, earning capacity emotional distress as well as loss of consortium and pain and suffering. In some instances the victim may be awarded punitive damages to punish the wrongdoer for their outrageous behavior. A Manhattan injury attorney can assist you in determining the amount of compensation you are due for your losses. The medical reports as well as income loss documentation and an assessment of liability will be used to create an settlement demand that you can present to your insurance company. Once the insurance company agrees to a settlement, you can get your money back. If the insurance company is unwilling to negotiate an equitable settlement then your Manhattan injury lawyer will fight for your rights in court. They can file a claim against the insurance company, claiming that they have committed fraud by refusing to settle valid claims and delaying the process in order to save money. Hayward injury lawsuits may also file a lawsuit to seek compensation for the injuries you suffered that result in medical bills, lost wages emotional distress, and physical suffering. Many people worry that they can't claim compensation if they were partially responsible for the incident, but New York uses a pure comparative negligence system, and you may still be able to get some of your losses from an at-fault party. Your lawyer can help you determine if you are entitled to damages for the loss of companionship, mental anguish and diminished quality of life. They can also provide information on the damages you could be entitled to if a defendant exhibited reckless negligence or an extreme disregard for your safety. Preparation for the Trial The months and weeks before trial can be a hectic, stressful time for legal teams. Trial preparation involves the collection and organization of all the raw materials needed by lawyers to present a case or hearsay. A thorough preparation allows lawyers to tell a more complete and coherent narrative to judges and juries. This could include a thorough liability assessment that is the process in which you study and evaluate the law, caselaw, statutes and common law as well as relevant legal precedents to establish a legitimate basis for pursuing an action against the defendant. This is more time consuming and extensive when the case involves a number of complex issues or unusual circumstances, but it is necessary to ensure that your attorney can successfully represent you in court. Once your attorney has a complete understanding of the evidence and facts that are available in your case, they will prepare an appropriate complaint to file with the court. The complaint will contain your legal arguments regarding the accident and its causes and also a demand for damages. When the defendant is served with the complaint, they'll have 30 days to write a response. This could include preparing interrogatories, which are written questions or depositions, during which witnesses, parties, and experts are interrogated. During this time, your personal injury attorney will likely also put the defendant on notice to preserve any evidence that is crucial in your case. This could include photographs of the scene of the accident video footage of the incident as well as medical records and invoices for any costs caused by. Your attorney will hire experts to discuss certain aspects of your case during trial, such as the likelihood that you'll experience a reduced quality of life, or the expected cost of future medical bills. Experts can offer their opinions on the basis of their education, experience and the work history. If your case is brought to trial, you will be required to take oath testimony at deposition. Your lawyer will assist you in this procedure by giving you written questions to be answered and by guiding you through the deposition. Negotiation A personal injury lawyer will be an effective advocate for the injured victim during settlement negotiations. Insurance companies are typically reluctant to offer a fair value for an injured victim's suffering and losses. A skilled attorney can take a comprehensive method of settling claims which includes a thorough analysis of liability and the collection of evidence documents to determine a fair amount for your damages. During the trial An attorney can assist you to file a claim with the insurance company, communicate with their adjuster, and provide advice on any recorded declarations that need to be given. A lot of insurance adjusters try to convince injured victims to admit something that could be used against them in court, so a personal injury attorney can shield their clients from these kinds of tactics. Once negotiations begin, an experienced personal injury lawyer will prepare an demand letter that spells out the initial amount of money that they believe their client is entitled to receive. The insurance company will make an offer to counter. After a few back and forth, the parties may reach an agreement on a settlement amount that is somewhere between. A key factor in determining the value of your injuries is the extent of your injuries. A personal injury attorney can help you calculate the total costs of your medical bills, lost wages, future loss of earnings and property damage. In addition, they can assist you in calculating intangible damages like your pain and suffering and emotional distress. The insurance adjuster may request an audio recording of your statement. A personal injury lawyer would strongly suggest against recording a statement without their presence since they could be very persuasive and press you into making statements that could be used against you in court. A skilled personal injury lawyer will be able convince the insurance adjuster that your damages are worth more than the amount they're offering and can negotiate a more substantial settlement. After a successful negotiation, a lawyer can complete the rest of the litigation process by filing a lawsuit and collecting supporting evidence for trial. It typically takes around one year for the case to be decided in court.