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What Does a Personal Injury Attorney Do? A personal injury attorney helps people who have been injured through the negligence or misconduct of others. They are often faced with high medical costs, lost wages and pain and suffering. An experienced personal injury lawyer can help you obtain the compensation you need. The first thing they'll do is collect evidence. This includes medical records and reports and income loss statements and many 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 experiencing anxiety, anger and even frustration. They assist clients in adhering to important legal procedures and deadlines, if they want to be compensated for the damages they deserve. The initial steps a personal injury lawyer is to gather evidence to support their case. They may speak with witnesses and draft an accident report for police. They also review documents such as medical documents or income loss records. This information helps them develop an accurate picture of your injuries and losses so they can determine what damages you're entitled to. A personal injury lawyer will draft and file a lawsuit after they have fully understood your losses and injuries. The complaint provides legal arguments regarding liability and requests an amount of compensation. The defendant can file an answer to the complaint within 30 days, and discovery procedures usually begin at that point. In this instance, you will likely be required to submit an account to the insurance company handling your claim. Personal injury lawyers are aware of the strategies these companies employ to to deny or undervalue your claim. They will handle all correspondence with the insurance company on behalf of you. In many instances expert testimony is the best method to prove your claim. A personal injury lawyer will have access to nationally-recognized medical experts who will be witnesses on your behalf. They can review your medical records, question witnesses, and present their findings to the court to support your claims. If a jury or judge is in your favor, damages will be awarded to cover your losses and injuries. These include general damages for pain and suffering, lost wages, and other financial costs. In some instances the victim may also be awarded punitive damages, which are meant to punish the defendant and discourage similar wrongdoing in the future. Liability Analysis In a personal injury case the lawyer will conduct a thorough liability analysis to determine the parties responsible for your injuries. They will go over the relevant statutes, case law and legal precedents to establish a valid rationale to file an action against each party. It is a long procedure, particularly when your injuries are complicated and involve unique circumstances requiring thorough research. Personal injury law permits injured people to seek compensation for their losses resulting from another person's negligence or intentional actions. These losses may include medical expenses, loss of income or earning capacity, emotional distress loss of consortium, pain and suffering. In some instances victims can be awarded punitive damages to punish the perpetrator for outrageous behavior. A Manhattan injury lawyer can help you determine the amount of compensation you are entitled to for your losses. They will make use of the information gathered from your medical reports as well as income loss documentation and an analysis of liability to create an agreement demand which you can submit to the insurer. Once the insurance company has accepted a settlement, you can get your compensation. If the insurance company is unwilling to agree to a fair settlement then your Manhattan injury attorney will fight for your rights in court. They can file a lawsuit against the insurance company, asserting that they acted in bad faith by refusing to settle valid claims and delaying the process in order to save money. They can also file a lawsuit to claim compensation for your injuries. This can include the loss of wages, medical expenses emotional distress, physical pain. Many people worry that they can't claim compensation even if they were responsible for the accident However, New York uses a pure comparative negligence model, and you may still be able to get part of your losses from another at-fault party. Your attorney can also help you determine if you are entitled to damages due to loss of companionship, mental anguish or diminished quality of life. They can also provide information on the damages you could be entitled to if the defendant displayed gross negligence or extreme disregard for your safety. Preparation for the Trial Legal teams can face a stressful and busy time during the months and weeks prior to a trial. Trial preparation involves the collection and organization of all the raw materials a lawyer needs to conduct a trial or hearing. A thorough preparation helps lawyers to present a more complete and coherent narrative before juries and judges. This can include a detailed liability assessment that is the process that you go through and analyze the law, caselaw, statutes, common law and relevant legal precedents to establish a valid justification for taking action against the defendant. It can be time-consuming and exhausting when the case involves complex issues or unusual circumstances. However it is essential for your attorney to be able to successfully represent you in court. Your lawyer will draft a court complaint when they have a thorough knowledge of all the facts and evidence in your case. This will detail your legal arguments on the incident and its cause and request 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 parties, witnesses, and experts). During this time the lawyer representing you is likely to put the defendant on alert to safeguard any important evidence in your case. This could include things like photographs of the scene of the accident, video surveillance footage, medical records, and invoices for any costs resulting from your injuries. Your attorney will hire expert witnesses to describe certain aspects of your case during trial, including the likelihood that you will be unable to enjoy the same quality of life, or the expected cost of future medical bills. Experts are able to provide their opinions based on their education, training, work history, and reputation within a specific field. If your case is brought to trial and you are required to testify under oath at a deposition. Your attorney will help you with this procedure by giving you written questions to answer, and by guiding you through the deposition. Negotiation A personal injury lawyer is an advocate for the injured victim in settlement negotiations. Insurance companies are generally reluctant to offer a fair value for an accident victim's pain and losses. A skilled attorney can take a comprehensive approach to the claim process which includes a thorough analysis of liability and the collection of evidence documents to determine a fair value for your damages. During the course of litigation An attorney can assist you to file a claim with the insurance company, talk to their adjuster, and offer advice on any recorded statements required to be provided. San Francisco injury lawyer will try to convince injured victims to admit something that could be used against them in court, so a personal injury attorney can protect their clients from these types of tactics. An experienced personal injury attorney will draft a letter demand that details the initial amount they believe the client is entitled to. The insurance company will then make an offer counter-instantially. After a few back and forth, the parties may decide on a settlement that is somewhere between. The most important aspect to consider when 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 and lost wages, as well as future loss of earnings, and property damage. They can also help determine non-tangible damages such as pain and suffering or emotional distress. The insurance adjuster may ask for the recording of your statements. Personal injury lawyers will advise you against giving a recorded interview without their presence. These individuals can be very pushy and pressurize you into saying things which could be used against you in court. A reputable personal injury lawyer will be able to convince the insurance adjuster that your damages are worth much more than what they're offering and negotiate a larger settlement. Following a successful settlement, an attorney can continue the litigation process by filing the filing of a lawsuit. They will also collect evidence to back up their claim. This will usually take about an entire year, so the person who is injured will need to be patient as their case is being litigated in the court.