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What Does a Personal Injury Attorney Do? Personal injury lawyers help those who have suffered injuries due to the negligence or incompetence of other people. They often face high medical costs as well as lost wages and suffering. An experienced personal injury lawyer can help you get the compensation you need. They will begin by gathering evidence. This includes medical records reports income loss statements, and more. Legal Representation The job of a personal injury lawyer is to protect the client's legal rights. They can be a voice for the rights of injured victims when they are battling fear, anger and frustration. They assist clients in adhering to important legal procedures and deadlines if they want to get the compensation they are entitled to. The first steps an attorney for personal injuries takes involve gathering evidence to support their case. They may ask witnesses to testify and draft an accident report to the police. They also review documents like medical records or income loss documents. This helps them build a clear picture of your losses and injuries, to determine the amount of damages you are eligible for. A personal injury lawyer will prepare and file a complaint once they fully comprehend your injuries and losses. The complaint lays out the legal arguments regarding the responsibility of the defendant and asks for a specific amount of compensation. The defendant has 30 days to file an answer. The discovery process can begin at that point. During this time you may be required to submit an explanation to the insurance company that is handling your claim. Personal injury lawyers know the strategies companies employ to try to reduce or deny your claim. They will handle all correspondence with the insurance company on behalf of you. In many cases, the most effective method of proving an injury is to use expert testimony. An attorney for personal injury will have access to nationally recognized medical experts who can testify on your behalf. They can review your medical records, speak with witnesses, and report their findings before the court to prove your claims. If a judge or jury decides in your favor you will be awarded damages for the injuries and losses you have suffered. These include general damages for pain and suffering, lost wages, and other financial expenses. In some cases victims can also be awarded punitive damages, which are meant to punish the defendant and prevent similar offenses in the future. Liability Analysis In a personal injury case the lawyer will conduct an extensive analysis of the responsibility to determine who is accountable for your injuries. They will study the applicable statutes and case law as well as legal precedents to provide the legal basis to file a lawsuit against each of the parties. You Tube is a lengthy process, especially when your injuries are complex or involve unique circumstances that require in-depth legal research. The law governing personal injury allows injured people to claim compensation for losses caused through the reckless or deliberate actions of a third party. These losses can include medical expenses, loss of income or earning capacity, emotional distress loss of consortium, suffering and pain. In certain cases punitive damages may be awarded to punish a wrongdoer's outrageous behavior. A Manhattan injury attorney can help you determine the amount of compensation you are owed for your losses. Your medical reports, income loss documentation, and the liability assessment will be used to prepare an settlement demand that you can submit to your insurer. Once the insurance company agrees to a settlement, you can receive the compensation you were promised. If the insurance company is unwilling to agree to an equitable settlement and you are not satisfied, your Manhattan injury attorney will defend your rights in court. You can file a claim against the insurance company, claiming that they have committed fraud by refusing to pay legitimate claims and delaying the process in order to save money. They may also file a lawsuit to seek compensatory damages for your injuries, including lost wages, medical bills, emotional distress and physical pain. Many people fear that they won't be compensated 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 other person at fault. Your attorney can also inform you if you're entitled damages resulting from loss of companionship, mental stress and diminished quality of living. They can also explain the damages you may be entitled to if a defendant showed the most grave negligence or a complete disregard for your security. Preparation for the Trial The weeks and months prior to trial can be a busy, stressful time for legal teams. Trial preparation involves the collection and organization of the raw materials that a lawyer will require for a hearing or trial. A thorough preparation helps lawyers to present a complete and coherent argument before juries and judges. This can include a detailed liability assessment which is the method by which you review and analyze the law, caselaw, statutes as well as common law and legal precedents to establish a legitimate basis for pursuing an action against the defendant. It is time-consuming and exhausting when the case involves complex questions or unique circumstances. However, it is necessary for your attorney to be able to successfully represent you in court. Your attorney will prepare a court complaint when they have a thorough understanding of all the facts and evidence in your case. This will detail your legal arguments in relation to the incident and its cause and request damages in a specific amount. When the defendant is served with the complaint, they will have 30 days to draft an answer. This may include preparing interrogatories (written questions) or depositions (questioning parties, witnesses, and experts). During this time the personal injury lawyer is likely to put the defendant on alert to secure any evidence that is crucial in your case. This could include photographs of the scene of the accident video footage of the incident medical records, and invoices for any expense caused by. Your lawyer will employ experts to present certain aspects of your case in trial, such as the likelihood that you will experience a reduced quality of life or the anticipated cost of future medical bills. Experts can provide their opinions on the basis of their education, experience and work history. If your case is set to go to trial, you will have to testify under oath in the form of a deposition. Your attorney will guide you through this procedure, giving you written questions and guidance during the deposition. Negotiation A personal injury attorney can be a powerful advocate for the injured victim during settlement negotiations. Insurance companies are usually reluctant to offer an accurate estimate of the pain and suffering of victims of accidents. An experienced attorney will use an extensive claim procedure which includes a thorough analysis of liability, and will gather supporting evidence to determine a fair price for your damages. During the process of litigation attorneys will assist you make an insurance claim, speak with the insurance adjuster, and advise on any recorded statements to be made. Many insurance adjusters attempt to make injured victims admit to something that could be used against them in court, therefore an attorney for personal injuries can shield their clients from these types of tactics. When the negotiation process begins an experienced personal injury lawyer will draft an offer letter that sets out the initial amount of money that they believe their client is entitled to. 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. The severity of your injuries is an important factor in determining your damages. A personal injury lawyer can assist you in calculating the total cost of your medical bills and lost wages, as well as future loss of earnings, and property damage. In addition, they will also help you calculate intangible damages like your pain and suffering and emotional anxiety. Insurance adjusters will most likely ask for an audio recording of the statement you make. An attorney for personal injury will strongly advise against giving a recorded statement without their presence present since they could get very pushy and pressure you into making statements that could be used against you in court. A good personal injury lawyer can convince the insurance adjuster that your injuries are worth more than they're offering, and negotiate a larger settlement. After a successful negotiation, a lawyer can complete the the litigation process by filing a lawsuit and collecting supporting evidence for trial. It usually takes around an entire year for the case to be decided in court.