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What Does a Personal Injury Attorney Do? A personal injury attorney helps those who have suffered injuries through the negligence or misconduct of others. They often face the high cost of medical treatment, lost wages and suffering. An experienced personal injury lawyer can assist you in obtaining the compensation you deserve. They will start by collecting evidence. This includes medical records, reports, income loss statements, and many more. Legal Representation The role of personal injury lawyers is to defend the legal rights of a client. They are a voice for the injured victim when they are experiencing anxiety, anger, and frustration. They also assist clients to comply with the important legal procedures and deadlines which must be met in order to receive the compensation they deserve. The initial steps a personal injury lawyer will begin by gathering evidence for their case. They might interview witnesses or draft an accident report to be handed over to the police. They also look over documents, such as medical records and income loss documents. This helps them develop an accurate picture about your losses and injuries, to determine the damages you're eligible for. Once they have a thorough knowledge of your injuries and losses an attorney for personal injuries prepares and files a claim against the defendant. The complaint outlines the legal arguments for liability and requests a specific amount in compensation. The defendant has 30 days to file an answer. Discovery procedures usually start at this point. In this instance you could be asked to give an explanation to the insurance company that is handling your claim. Personal injury lawyers are familiar with the strategies these companies use to dismiss your claim or undervalue it. They will handle all communications with the insurance companies on your behalf. In most cases expert testimony is the best method to support your claim. A personal injury lawyer will have access to nationally recognized medical experts that can testify in your behalf. They can look over your medical records, question witnesses as well as you, and present their findings in court to support your claims. If a judge or jury decides that you are the winner, damages will be awarded for your injuries and losses. These include general damages for pain and suffering, lost wages, and other financial expenses. In some cases, a victim can also be awarded punitive damages, which are designed to punish the defendant and prevent similar crimes in the future. Liability Analysis In a personal injury case, your lawyer will conduct a thorough liability analysis to determine the parties responsible for your injuries. They will study the applicable statutes and case law, as well as legal precedents to provide a valid rationale for filing a lawsuit against each party. It is a long process, especially when your injuries are complicated and involve unique circumstances that require extensive investigation. Personal injury law allows injured individuals to seek compensation for losses caused through the reckless or intentional actions of a third party. These losses can include medical expenses as well as lost income or earning potential emotional distress, loss of consortium, and suffering and suffering. In some instances, punitive damages can be given to punish the perpetrator of an outrageous behavior. A Manhattan injury lawyer can assist you in determining how much compensation you are entitled to for your losses. The medical reports and income loss documents and the liability assessment can be used to draft a settlement demand which you can present to your insurance company. After the insurance company has accepted a settlement, you can get your compensation. Your Manhattan injury lawyer will fight in court to protect your rights in the event that the insurance company does not agree to a fair settlement. They can file a lawsuit against the insurance company, in which they claim that they acted in bad faith by refusing to settle valid claims and putting off the process to save money. They can also file a lawsuit to seek compensation for injuries. This could include medical expenses, lost wages, emotional distress, and physical pain. Many people are afraid that they won't get compensated if they are partially at fault. However, New York follows a pure comparative model and you can still recover some of your losses from the party at fault. Your lawyer can also inform you if you're entitled to damages due to loss of companionship, mental distress or diminished quality of life. Boynton Beach injury lawyers will also be able to explain the damages you may be able to claim when the defendant has shown reckless disregard or gross negligence for your safety. Preparation for the Trial The weeks and months before trial can be a hectic stressful time for legal teams. Trial preparation entails the collection and organization of the raw documents a lawyer requires for a hearing or trial. A thorough preparation helps lawyers to present a more complete and coherent argument before juries and judges. This can include a detailed liability assessment that is the process that you go through and evaluate the law, caselaw, statutes and common law as well as relevant legal precedents to determine a valid justification for taking action against the defendant. It can be time-consuming and exhausting when the case involves complicated issues or unusual circumstances. However, it is necessary for your attorney to be able represent you in court. After your lawyer is fully aware of the evidence and facts that are available in your case, they will prepare a complaint to file with the court. This will detail your legal arguments on the cause of the accident and demand damages in a certain amount. The defendant will have 30 days to prepare their response after receiving the complaint. This may include the preparation of interrogatories (written questions) or depositions (questioning witnesses, parties and experts). During this period the lawyer representing you will likely put the defendant on alert to safeguard any important evidence in your case. This could include photographs of the accident scene, video surveillance footage of the incident, medical records and invoices for any costs incurred as a result. Your lawyer will employ experts to discuss certain aspects of your case in trial, including the likelihood that you will be unable to enjoy the same quality of life or the anticipated cost of future medical bills. Experts are able to offer their opinion on the basis of their education, training and their work experience. If your case is going to trial, then you'll need to testify under oath in the form of a deposition. Your attorney will assist you in this procedure by giving you written questions to answer and by helping you through the deposition. Negotiation A personal injury lawyer is a strong advocate for the injured victim in settlement negotiations. Insurance companies are generally reluctant to provide an appropriate amount for accident victim's losses and pain. An experienced attorney will use an extensive claim process that includes a thorough analysis of liability, and collect supporting evidence to establish a fair value for your damages. During the process of litigation attorneys will assist you make an insurance claim, communicate with the insurance adjuster and provide advice on any recorded statements to be made. A personal injury attorney will protect their clients against these tactics. Many insurance adjusters try to entice injured people into making statements that could be used against them in court. When the negotiation process begins, an experienced personal injury lawyer will draft an offer letter that sets out the initial amount they believe their client is entitled to. The insurance company will make an offer counter-instantially. After some arguing and discussion, the parties could reach a deal that falls somewhere in between. The severity of your injuries is an important element in determining the damages. A personal injury lawyer can help you calculate the total cost of your medical bills as well as lost wages, future loss of earnings and property damage. They can also help you calculate non-tangible damages, such as pain and suffering or emotional distress. The insurance adjuster is likely to require a recording of your statement. An attorney for personal injury is strongly advised against recording a statement without their presence present since they could be extremely pushy and force you into saying things that could be used against you in court. A competent personal injury lawyer will be able convince the insurance adjuster that your damages are worth more than the amount they are offering and negotiate a more substantial settlement. After a successful negotiation, an attorney will finish the litigation process by filing a lawsuit and obtaining evidence to prove their case. It usually takes around one year for the case to be heard in the court.