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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. These people often struggle with high medical costs, lost wages and suffering. A personal injury lawyer who has experience can help you receive the compensation you deserve. They will begin by gathering evidence. This includes medical records and reports and income loss statements and much more. Legal Representation The role of a personal injury attorney is to protect a client's legal rights. They can be a voice for the injured victim when they are experiencing anxiety, anger and even frustration. They also help clients comply with important legal procedures and deadlines that must be met if they are to be awarded the compensation they are entitled to. The initial 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 for police. They also review documents, such as medical records and income loss paperwork. This information helps them develop an accurate picture of your injuries and losses so they can determine what damages you're entitled to. Once they have a complete understanding of your injuries and losses an attorney for personal injuries prepares and files a claim against the defendant. The complaint provides legal arguments regarding liability and requests an exact amount of compensation. The defendant is able to file an answer to the complaint within 30 days, and the discovery process typically begin at this point. During this time you could be required to submit an account to the insurance company that is handling your claim. Personal injury lawyers are aware of the tactics these companies use to try to downplay or minimize your claim. They will handle all communications with the insurer on your behalf. In most cases, the best way to prove a claim is through expert testimony. A personal injury attorney has access to internationally recognized medical experts who will be witnesses on your behalf. They can review your medical records, interview witnesses, and report their findings in court to support your claims. If a judge or jury decides in your favor, you'll be awarded damages for the injuries and losses you've suffered. These include general damages, such as the cost of suffering and wages. In certain cases the victim may also be awarded punitive damages which are intended to penalize the defendant and discourage similar wrongdoing in the future. Liability Analysis In a personal injury lawsuit your lawyer will conduct a thorough investigation of your liability to determine the parties responsible for your injuries. They will go over applicable statutes, legal precedents and case law to establish a valid reason for filing a suit against each party. It can be a time-consuming process, particularly when your injuries are complex or have unique circumstances that require extensive legal research. Personal injury law permits injured individuals to claim compensation for losses caused by the negligence or deliberate actions of a third party. These losses could include medical expenses loss of earnings or income potential, emotional distress, loss in consortium, as well as suffering and pain. In some cases, punitive damages can be given to punish an offender for their outrageous behavior. A Manhattan injury lawyer can help you determine how much 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 present to your insurance company. After the insurance company has agreed to the settlement, you will receive the compensation you were promised. Your Manhattan injury lawyer will fight to protect your rights if the insurance company does not agree to a fair settlement. They can file a lawsuit against the insurance company, in which they claim that they been in breach of trust by refusing to pay legitimate claims and delaying the process in order to save money. They can also file a lawsuit seeking damages to compensate you for your injuries that result in lost wages, medical bills emotional distress and physical pain. Many people worry that they cannot seek compensation even if they are partially responsible for the accident, but New York uses a pure comparative negligence system, and you are still able to claim a portion of your losses from another at-fault party. Your attorney can also tell you if you're entitled to damages due to loss of companionship, mental distress and diminished quality of life. They can also clarify the damages you might be entitled to if the defendant displayed reckless negligence or an extreme disregard of your safety. Preparation for the Trial The weeks and months leading up to trial can be a busy stressful time for legal teams. Trial preparation involves the gathering and organization of all the raw documents a lawyer requires to conduct a trial or hearing. A thorough preparation allows lawyers to present a more complete and coherent narrative to judges and juries. This typically involves conducting a thorough liability analysis, which is the process of reviewing and evaluating statutes, common law, case law, and relevant legal precedents to establish a valid rationale for pursuing claims against the defendant. It is time-consuming and exhausting when the case involves complex questions or unique circumstances. However it is essential for your attorney to be able to effectively represent you in court. Once your attorney is completely aware of the facts and evidence that are available in your case, they'll draft a complaint to file with the court. The complaint will outline your legal arguments regarding the incident and its cause, and will request damages in a certain amount. After the defendant has received the complaint, they'll have 30 days to draft a response. This may include preparing interrogatories (written questions) or depositions (questioning parties, witnesses, and experts). In this period your personal injury lawyer will also likely put the defendant on notice to secure any evidence that is vital in your case. This could include things like photos of the scene of the accident, video surveillance footage, medical records and invoices for any incurred expenses as a result of your injuries. Your lawyer will employ an expert witness to explain certain aspects in the case in court. For instance, the likelihood that you'll suffer a decrease in quality of life, or the likelihood of incurring future medical costs. Experts are able to offer their opinions based on their qualifications, education, training, experience, and reputation in a specific field. If your case is going to trial, you'll be required to be sworn in a deposition. Your attorney will help you during this procedure by giving you written questions to be answered and by helping you through the deposition. Negotiation An attorney for personal injury will provide a strong voice for the injured victim during settlement negotiations. Insurance companies are usually unwilling to provide an accurate value for the pain and suffering of accident victims. An experienced attorney will use an extensive claim process, including a detailed liability analysis, and gather supporting evidence to establish a fair value for your damages. During the process of litigation An attorney will help you to file an insurance claim, talk with the insurance adjuster, and provide advice on any recorded statements to be made. Many insurance adjusters will try to make injured victims admit to something that could be used against them in court, so a personal injury attorney can protect their clients from these kinds of tricks. An experienced personal injury attorney will draft a letter of demand that details the initial amount they believe the client is entitled to. The insurance company will offer an offer to counter. After some back-and-forth, the parties might be able to agree on a settlement that is somewhere in between. A key factor in determining the value of your damages is the severity of your injuries. An attorney for personal injuries can assist you in calculating the total cost of your medical bills as well as lost wages, future loss of earnings, and property damage. They can also assist you to calculate non-tangible damages, like pain and suffering or emotional distress. The insurance adjuster will likely require an audio recording of your statement. Personal injury lawyers will advise against recording your interview without them present. They can be extremely pushy and pressure you into revealing information that could be used against you in court. A skilled personal injury lawyer will be able convince the insurance adjuster that your damages are worth more than what they are offering and negotiate a better settlement. After a successful negotiation, an attorney can complete the rest of the litigation process by filing a lawsuit and collecting supporting evidence for trial. Compton will usually take about an entire year, so the party who was injured needs to be patient while the case is being litigated in court.