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What Does a Personal Injury Attorney Do? A personal injury attorney can assist those who have been injured through the negligence or incompetence of others. Many of them are struggling with high medical bills, lost wages and pain and suffering. An experienced personal injury lawyer can help you obtain the compensation you deserve. The first thing they will do is collect evidence. This includes medical records, reports as well as income loss statements and much more. Legal Representation The job of a personal injury lawyer is to protect the client's legal rights. They serve as a voice of reason in the face of fear, anger or frustration, stress, and other common emotions that injury victims experience after an accident. They assist clients in adhering to important legal procedures and deadlines, if they want to get the compensation they deserve. The initial steps a personal injury lawyer will begin by gathering evidence to support their case. They may speak with witnesses and draft an accident report for the police. They also examine documents, such as medical records and income loss documentation. This helps them develop an accurate picture about your losses and injuries so they can determine the damages you are entitled to. A personal injury lawyer will draft and file a complaint after they are fully aware of your losses and injuries. The complaint outlines the legal arguments about the liability of the defendant and demands an exact 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 handling your claim. Personal injury lawyers are well-versed with the tactics that companies employ to dismiss your claim or undervalue it. They will handle all communication with the insurance companies on your behalf. In most instances expert testimony is the most effective way to demonstrate your claim. A personal injury lawyer has access to national recognized medical experts who can testify in your behalf. They can review your medical records, speak with witnesses as well as you, and report 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 injuries and losses. These are generally damages, including suffering and pain, as well as lost wages. In certain cases punitive damages are given to the victim. These are meant to deter and punish future wrongdoing. Liability Analysis In a personal injury case your lawyer will conduct an extensive analysis of the liability to determine who is responsible for your injuries. They will go over relevant statutes, legal precedents, and case law to determine the legal basis for filing an action against each party. It can be a lengthy process, especially if your injuries are complex and involve unique circumstances that require extensive research. Personal injury law allows injured individuals to seek compensation for losses incurred by the negligent or deliberate actions of a third party. These losses may include medical expenses loss of income or earning capacity, emotional distress loss of consortium, suffering and pain. In some instances victims can be awarded punitive damages to punish the perpetrator for their outrageous behavior. A Manhattan injury lawyer can help you determine the amount of compensation you are entitled to for your losses. The medical reports as well as income loss documentation and the liability assessment can be used to draft an settlement demand that you can submit to your insurance company. If the insurance company agrees to the settlement, you will get your money back. If the insurance company refuses to accept a fair settlement then your Manhattan lawyer 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 to save money. They can also file a lawsuit to seek compensation for the injuries you suffered which include lost wages, medical bills emotional distress, and physical suffering. Many people worry that they are not able to claim compensation even if they are partially responsible for the incident however, New York uses a pure comparative negligence model. This means that you are still able to recover a portion of your losses from another at-fault party. Your attorney can advise you on whether you are entitled to damages for loss of companionship, mental distress and a diminished quality of life. They can also explain the damages you might be entitled to if a defendant showed gross negligence or extreme disregard of your security. Preparation for the trial Legal teams can experience an intense and hectic time during the months and weeks before the trial. 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 to juries and judges. This often includes conducting a detailed liability analysis which consists of analyzing and reviewing statutes and case law, common law, and relevant legal precedents to determine a legitimate reason for pursuing an action against the defendant. It is time-consuming and exhausting when the case involves complicated questions or unique circumstances. However it is crucial for your attorney to be able represent you in court. When your lawyer is completely aware of the evidence and facts that are available in your case, they'll draft an appropriate complaint to submit to the court. The complaint will include your legal arguments regarding the accident and its causes, as well as a request for damages. The defendant has 30 calendar 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 personal injury attorney may also put the defendant on notice to secure any evidence that is important in your case. This could include photographs of the scene of the accident, surveillance footage, medical records, and invoices for any incurred expenses as a result of your injuries. The lawyer you hire will assign an expert witness to explain certain aspects in the case in court. For example, the likelihood that you'll suffer a decrease in quality of life or incur medical expenses. Experts are able to provide their opinions based on their experience, education, history, and repute within the field of study. If your case goes to trial, you will be required to be present and testify under oath at a deposition. Your lawyer will guide you through the procedure, giving you written questions and will guide you during the deposition. Negotiation A personal injury lawyer will provide a strong voice for an injured victim in settlement negotiations. Insurance companies are typically unwilling to provide a fair value for an accident victim's losses and pain. An experienced attorney will use an extensive claim procedure which includes a thorough analysis of liability, and collect supporting evidence to establish a fair amount for your damages. In the course of litigation attorneys will assist you to file an insurance claim, communicate with the insurance adjuster and assist with any recorded statements that need to be made. Many insurance adjusters attempt to convince injured victims to admit something that could be used against them in court, so an attorney for personal injuries will be able to protect their clients from these kinds of tactics. A seasoned personal injury lawyer will prepare a letter of demand that sets out the initial amount that they believe the client is entitled to. The insurance company will make a counter-offer. After some debate, the parties might reach a deal that is somewhere in between. A key factor in determining the value of your damages is the extent of your injuries. A personal injury lawyer can help you determine the total cost of your medical bills and lost wages. They can also help calculate the loss of income. Additionally, they can also help you calculate intangible damages like your suffering and emotional distress. Insurance adjusters will likely request to record the statement you provide. Personal injury lawyers will advise you to avoid recording a conversation without them present. These individuals can be extremely pushy and pressure you into revealing information that could be used against you in court. A competent personal attorney for injuries will be able to convince the insurance adjuster that 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 gathering supporting evidence for trial. YouTube takes around an entire year for the case to be litigated in the court.