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What Does a Personal Injury Attorney Do? Personal injury attorneys help people who have suffered injuries due to the negligence or misconduct by others. These people are often struggling with high medical bills, lost wages and pain and suffering. A personal injury lawyer with years of experience can help you receive the compensation you deserve. They will start by collecting evidence. This includes medical records, reports as well as income loss statements and many more. Legal Representation A personal injury attorney's job is to protect the client's legal rights. They are an advocate in the face of anxiety, anger anxiety, frustration, stress and other emotions that victims of injury experience following an accident. They also assist clients in complying with the legal requirements and deadlines which must be met if they are to be awarded the compensation they deserve. The first step is gathering evidence to support their case. They might interview witnesses or write an accident report that is given to the police. They also look over documents, including medical records and income loss paperwork. This information helps them to build a clear picture of your losses and injuries, so they can determine the damages you're eligible for. A personal injury lawyer will draft and file a complaint once they fully comprehend your injuries and losses. The complaint states the legal arguments regarding liability, and it also requests an amount of compensation. The defendant has 30 days to file an answer. Discovery processes can often begin at that point. In this instance, you will likely be asked to give an explanation to the insurance company that is handling your claim. Personal injury attorneys know what tactics these companies use to try to deny or undervalue your claim, and they will handle all correspondence with the insurer on your behalf. In most cases, expert testimony is the best way to prove your claim. A personal injury attorney can access nationally-recognized medical experts who will provide testimony on your behalf. They can review your medical records, interview you and other witnesses and report their findings before the court to prove your claims. If a jury or judge decides in your favor you will be awarded damages for the injuries and losses you've suffered. These include general damages for pain and suffering, lost wages and other financial expenses. In some cases the victim may also be awarded punitive damages which are meant to penalize the defendant and prevent similar offenses in the future. Liability Analysis In a personal injury case your lawyer will conduct a thorough liability analysis to determine who is responsible for your injuries. They will study the applicable statutes, case law and legal precedents to determine the legal basis for filing an action against each party. It can be a lengthy process, particularly when your injuries are complicated and have unique circumstances that require in-depth investigation. Personal injury law permits injured people to claim compensation for losses caused by the negligence or intentional actions of another. These losses could include medical expenses loss of income or earning capacity emotional distress, loss of consortium and pain and suffering. In some instances, punitive damages can be given to punish the perpetrator of an outrageous behavior. A Manhattan injury lawyer can help you determine the amount of money you are due for your losses. Your medical reports and income loss documents and the liability assessment will be used to create a settlement demand which you can present to your insurer. Once the insurance company has agreed to a settlement you will be able to receive your settlement. If the insurance company refuses to accept an equitable settlement then your Manhattan lawyer will defend your rights in court. They can file a lawsuit against the insurance company for committing bad faith behavior, which could include refusing to pay legitimate claims and dragging out the process in order to save money. They may also file a suit to claim compensation for your injuries. This includes medical expenses, lost wages emotional distress, physical pain. Many people are concerned that they can't claim compensation if they were partially responsible for the incident However, New York uses a pure comparative negligence model. This means that you can still get a portion of your losses from the at-fault party. Your attorney can also guide you on whether you are entitled to damages for the loss of companionship, mental anguish or diminished quality of life. They can also provide information on the damages you might be entitled to if a defendant exhibited gross negligence or extreme disregard for your safety. Preparation for Trial The months and weeks leading up to trial can be a hectic, stressful time for legal teams. Trial preparation involves the collection and organization of the raw materials a lawyer needs for a hearing or trial. A thorough trial preparation allows lawyers to present a more complete and coherent story before juries and judges. This can include a detailed liability assessment, which is the process that you go through and analyze the law, caselaw, statutes and common law as well as relevant legal precedents to determine a valid reason 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 will be able to successfully represent you in court. After your lawyer is fully aware of the evidence and facts that are available in your case, they will draft an application to submit to the court. The complaint will include your legal arguments about the incident and its causes and an offer for damages. Once the defendant receives the complaint, they will have 30 days to draft an answer. This can include preparing interrogatories, which are written questions, or depositions, in which witnesses, parties, and experts are questioned. During this time your personal injury lawyer will also likely 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 expense incurred as a result. Your attorney will hire expert witnesses to describe certain aspects of your case at trial, including the likelihood that you'll experience a reduced quality of life or the anticipated costs of medical bills in the future. Experts are able to offer their opinion on the basis of their education, training and the work history. If your case is brought to trial, you will be required to attend and testify under oath at deposition. Hayward injury lawsuits will guide you through the process, providing you with written questions and guidance during the deposition. Negotiation An attorney for personal injury can provide a strong voice for the injured victim during settlement negotiations. Insurance companies are typically reluctant to provide an appropriate amount for injured victim's suffering and losses. An experienced attorney can employ a comprehensive approach to a claim, including detailed liability analysis and the gathering of supporting proof to determine a fair amount for your losses. During the process of litigation attorneys will assist you file an insurance claim, communicate with the insurance adjuster, and assist with any recorded statements that need to be made. An attorney for personal injury will protect their clients against these methods. Many insurance adjusters attempt to entice injured people into making statements that could be used against them later in court. An experienced personal injury attorney will draft a letter of demand that sets out the initial amount they believe the client is entitled to. The insurance company will make a counteroffer. After a few back and forth, the parties may reach an agreement on a settlement amount that falls somewhere in between. The severity of your injuries is a key aspect in determining the extent of your injuries. A personal injury lawyer can assist you in calculating the total costs of your medical bills, lost wages, future loss of earnings, and property damage. They can also assist you to calculate non-tangible damages, like pain and suffering or emotional distress. The insurance adjuster will likely request an audio recording of your statement. Personal injury lawyers will advise you to avoid giving a recorded interview without them present. They can be extremely persuasive and pressure you into revealing information that could be used against your in court. A competent personal injury lawyer will be able to convince the insurance adjuster your damages are worth more than the amount they're offering and can negotiate a higher settlement. After a successful negotiation, an attorney will complete the rest of the litigation process by filing a lawsuit and obtaining evidence to prove their case. It usually takes about a year for the case to be decided in the court.