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What Does a Personal Injury Attorney Do? A personal injury attorney can assist people who have suffered injuries because of the negligence or wrongful conduct of others. These people are often struggling with high medical bills as well as lost wages, suffering and pain. A seasoned personal injury lawyer can help you get the compensation you need. The first thing they will do is collect evidence. This includes medical documents reports, income loss statements and many more. Legal Representation The job of an attorney for personal injury is to defend the legal rights of a client. They can be a voice for the rights of injured victims when they are experiencing fear, anger and frustration. They also help clients comply with important legal procedures and deadlines that must be met if they are to receive the compensation they are entitled to. The initial steps an attorney for personal injury is to gather evidence to support their case. They might interview witnesses or write an accident report that is handed to the police. They also examine documents like medical documents or income loss records. This helps them develop an accurate picture about your losses and injuries, to determine the amount of damages you are eligible for. Once they have a complete understanding of your losses and injuries, a personal injury attorney creates and files a lawsuit against the defendant. The complaint outlines the legal arguments regarding liability and requests a specific amount in compensation. The defendant has 30 days to respond. Discovery processes can often begin at that point. During this time you could be required to submit a statement to your insurance company. Personal injury lawyers are well-versed with the tactics that these companies employ to deny your claim or undervalue it. They will handle all communication with the insurers on your behalf. In many cases, the most effective method of proving a claim is through expert testimony. A personal injury lawyer has access to nationally recognized medical experts that can testify on your behalf. They can look over medical records, question witnesses and you and review your medical records. If a judge or jury decides in your favor, you'll be awarded damages for the losses and injuries you've suffered. These are generally damages, such as suffering and pain, as well as lost wages. In certain cases, punitive damages can be awarded 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 responsibility to determine who is accountable for your injuries. They will look over the applicable statutes, legal precedents, and cases to establish a valid reason for filing a suit against each party. It can be a time-consuming procedure, especially if your injuries are complicated or involve unique circumstances that require in-depth legal research. Personal injury law permits injured individuals to claim compensation for losses caused through the reckless or intentional actions of a third party. These losses can include medical expenses, lost earnings or income potential, emotional distress, loss in consortium, and suffering and pain. In some cases, punitive damages can be awarded to punish a wrongdoer's outrageous behavior. A Manhattan injury lawyer can help you determine the amount of money you are owed for your losses. Your medical reports, income loss documentation, and the liability assessment can be used to draft a settlement demand which you can present to your insurance company. Once the insurance company has agreed to a settlement you will be able to receive your settlement. If the insurance company is unwilling to accept an equitable settlement and you are not satisfied, your Manhattan lawyer will defend your rights in court. They can file a claim against the insurance company asserting that they acted in bad faith by refusing to pay valid claims and delaying the process to save money. They can also file a lawsuit seeking compensatory damages for your injuries which include lost wages, medical bills emotional distress and physical pain. Many people are afraid that they won't be compensated even if they were partially responsible. However, New York follows a pure comparative model, and you may still be able to recover some of your losses from the person at fault. Your attorney will also be able to guide you on whether you are entitled to damages due to loss of companionship, mental anguish or a lower quality of life. They can also explain the damages you might be entitled to if a defendant exhibited reckless negligence or an extreme disregard of your safety. Preparation for Trial The months and weeks prior to trial can be a busy and stressful time for legal teams. Trial preparation involves collection and organization of the raw materials that lawyers require for a trial or hearing. A thorough preparation allows lawyers to tell a more complete and coherent narrative before juries and judges. This could include a thorough liability assessment which is the method by which you review and evaluate the law, caselaw, statutes and common law as well as relevant legal precedents to determine a valid basis for pursuing an action against the defendant. This can be more time-consuming and exhaustive when the case involves complex questions or unique circumstances, but it is necessary to ensure that your attorney will be able to successfully represent you in court. After your lawyer is completely aware of the facts and evidence that are available in your case, they will draft a complaint to submit to the court. The complaint will outline your legal arguments in relation to the cause of the accident and request damages in a specified amount. The defendant will have 30 calendar days to prepare their response following receiving the complaint. This could include preparing interrogatories that are written questions or depositions, where witnesses, parties, and experts are interrogated. During this period the personal injury lawyer is likely to put the defendant on alert to safeguard any important evidence in your case. This could include photos of the scene of the accident, video surveillance footage, medical records and invoices for any expenses resulting from your injuries. The lawyer you hire will assign an expert witness to discuss certain aspects of the case in court. For example the possibility that you'll have a lower quality of life, or the likelihood of incurring future medical expenses. Experts are able to offer their opinions based on their qualifications, education, training, history, and repute within a particular field. If your case is going to trial, you'll need to testify under oath in deposition. Your lawyer will assist you during this process, supplying you with written questions and guiding you during the deposition. Negotiation A personal injury lawyer is an effective advocate for the injured victim during settlement negotiations. Insurance companies are usually reluctant to provide an adequate amount for injured victim's suffering and losses. A seasoned attorney will employ an extensive claim procedure that includes a thorough liability analysis, and gather evidence to determine a fair price for your losses. During the process of litigation, an attorney will help you file an insurance claim, communicate with the adjuster of the insurance company, and assist with any recorded statements that need to be made. An attorney who specializes in personal injury will guard their clients from these strategies. Many insurance adjusters try to trick injured people into making statements that could be used against them in court. Once negotiations begin, an experienced personal injury lawyer will prepare an demand letter that spells out the amount of money that they believe their client is entitled to. The insurance company will make a counteroffer. After some back and back and forth, the parties could agree on a settlement amount that falls somewhere in between. The severity of your injuries is a key factor in determining your damages. A personal injury attorney can help you calculate the total costs of your medical bills, lost wages, future loss of earnings and property damage. Meridian injury lawsuit can also help calculate non-tangible damages, such as pain and suffering or emotional distress. Insurance adjusters will most likely require a recording of the statement you give. An attorney for personal injury will strongly advise against giving a recorded statement without their presence present since they could be extremely pushy and force you to make statements that could be used against you in court. A skilled personal attorney for injuries will be able to convince the insurance adjuster that your damages are more valuable than what they're offering and can negotiate a more substantial settlement. After a successful negotiation, an attorney can complete the rest of the litigation process by filing a lawsuit and gathering supporting evidence for trial. The process typically takes around an entire year, so the person who is injured will need to be patient while the case is argued in court.