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What Does a Personal Injury Attorney Do? A personal injury attorney helps those who have suffered injuries due to the negligence or misconduct of others. People who suffer from these injuries often have to deal with expensive medical bills as well as lost wages and suffering. A seasoned personal injury lawyer can help you obtain the compensation you need. The first thing they will take care of is collecting evidence. This includes medical documents reports, income loss statements and much more. Legal Representation The job of a personal injury lawyer is to protect a client's legal rights. They are a voice for reason when injured victims are experiencing anxiety, anger, and frustration. They help clients adhere to the legal requirements and deadlines if they wish to receive the compensation that they are entitled to. The first step is gathering evidence to support their case. They may interview witnesses or draft an accident report that is given to the police. They also review documents, including 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. A personal injury lawyer will draft and file a complaint after they are fully aware of your losses and injuries. The complaint provides legal arguments for liability and requests a specific amount in compensation. The defendant has 30 days to file an answer. Discovery processes can often begin at that point. In this instance you could be asked to give a statement to the insurance company handling your claim. Personal injury lawyers are familiar with the tactics these companies employ to reject your claim or to undervalue it. They will handle all communications with the insurance companies on your behalf. In most cases expert testimony is the most effective method to support your claim. A personal injury lawyer will have access to national recognized medical experts that can testify in your behalf. You Tube can look over your medical records, speak with witnesses as well as you, and present their findings to the court to support your claims. If a court or jury finds in your favor, you will be awarded damages for the damages and injuries you've suffered. These include general damages for suffering and pain, as well as lost wages, and other financial costs. In certain 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 lawsuit your lawyer will conduct a thorough analysis of liability to determine who is responsible for your injuries. They will go over applicable statutes, legal precedents and cases to establish an appropriate reason to file a suit against each party. It is a lengthy procedure, especially if your injuries are complicated or involve unique circumstances that require extensive legal research. The law governing personal injury allows injured individuals to claim compensation for losses caused through the reckless or intentional actions of another. These losses may include medical expenses, loss of income or earning capacity, emotional distress, loss of consortium and suffering and pain. In some instances punitive damages may be given to punish an offender for their outrageous behavior. A Manhattan injury lawyer can assist you in determining the amount of compensation you are entitled to for your losses. Your medical reports as well as income loss documentation and a liability assessment will be used to create a settlement demand which you can submit to your insurer. Once the insurance company has accepted a settlement, you will be able to receive your settlement. If the insurance company is unwilling to agree to a fair settlement, your Manhattan injury attorney will defend your rights in court. They can file a lawsuit against the insurance company, claiming that they have acted in bad faith by refusing to settle valid claims and putting off the process to save money. They may also file a lawsuit seeking 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 if they were partially at fault for the incident However, New York uses a pure comparative negligence model, and you can still get a portion of your losses from the at-fault party. Your lawyer can also inform you if you're entitled to damages for loss of companionship, mental distress or diminished quality of living. They can also explain the damages you may be able to claim when the defendant has shown the most reckless or negligent disregard for your safety. Preparation for the Trial Legal teams can face a stressful and busy time in the weeks and months prior to the start of a trial. Trial preparation involves gathering and organizing of raw materials that lawyers need for an trial or hearing. Thorough preparation allows attorneys to deliver an extensive, comprehensive and coherent argument to judges and juries. This often includes conducting a detailed liability analysis which consists of reviewing and evaluating statutes, case law, common law, and pertinent legal precedents in order to determine a legitimate reason for pursuing an action against the defendant. This can be more time-consuming and extensive when the case involves a number of complex issues or unusual circumstances however, it is essential to ensure that your lawyer is able to effectively represent you in court. After your lawyer is completely aware of the facts and evidence that are available in your case, they will prepare a complaint to file with the court. This will detail your legal arguments regarding the cause of the accident and request damages in a certain amount. When the defendant is served with the complaint, they'll have 30 days to draft a response. This may include preparing interrogatories that are written questions, or depositions, where witnesses, parties, and experts are questioned. 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 footage of the incident medical records, and invoices for any expense caused by. The lawyer you hire will assign an expert witness to discuss certain aspects of your case during trial. For instance, the likelihood that you'll suffer a decrease in quality of life or future medical costs. Experts are able to offer their opinions based on their qualifications, education, training, history, and repute within a specific field. If your case is brought to trial you will be required to be present and be sworn in a deposition. Your attorney will assist you in this procedure by giving you written questions to answer, and by providing guidance during the deposition. Negotiation A personal injury lawyer will be an effective advocate for the injured victim during settlement negotiations. Insurance companies are usually reluctant to offer an accurate value for the pain and suffering of victims of accidents. An experienced attorney can employ a comprehensive method of settling claims which includes a thorough analysis of liability and the gathering of supporting evidence, to determine a fair value for your losses. During the course of litigation, an attorney can help you to file a claim with the insurance company, talk to their adjuster, and give advice on any recorded statements required to be provided. Many insurance adjusters will try to convince injured victims to admit something that could be used against the plaintiff in court, and a personal injury attorney can protect their clients from these types of tricks. An experienced personal injury attorney will draft a letter of demand that outlines the initial amount that they believe the client is entitled to. The insurance company will then make a counteroffer. After some back and back and forth, the parties could agree on a settlement amount that is somewhere in between. The severity of your injuries is an important factor in determining your damages. A personal injury attorney can assist you in calculating the total costs of your medical bills, lost wages, future loss of earnings and property damage. In addition, they can also assist you in calculating the intangible damages such as your pain and suffering as well as emotional distress. The insurance adjuster will likely request an audio recording of your statement. An attorney for personal injury will strongly advise against recording a statement without their presence since they could be very persuasive and press you to make statements that could be used against you in court. A good personal attorney for injuries will be able to convince the insurance adjuster that your damages are worth more than what they're offering and can negotiate a higher settlement. Following a successful settlement, an attorney can continue the process of litigation by filing the filing of a lawsuit. They will also collect evidence to support the case. It usually takes about one year for the case to be heard in the court.