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What Does a Personal Injury Attorney Do? A personal injury attorney can assist those who have suffered injuries due to the negligence or wrongful conduct of others. People who suffer from these injuries often have to deal with the high cost of medical treatment, lost wages and suffering. A personal injury lawyer who has experience can help you receive the compensation that you deserve. They 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 rights of a client's legal rights. They serve as a voice of the injured victim when they are battling fear, anger and frustration. They help clients adhere to important legal procedures and deadlines if they wish to be compensated for the damages they deserve. The first step is gathering evidence to support their case. They might interview witnesses or draft an accident report to be given to the police. They also look over documents, such as medical records and income loss paperwork. This helps them create an accurate picture of your injuries and losses so they can determine what damages you are entitled to. A personal injury lawyer will draft and file a lawsuit after they have fully understood your injuries and losses. The complaint outlines the legal arguments for the liability of the defendant and demands an amount of compensation. The defendant has 30 days to respond. Discovery procedures usually start at this point. In San Marcos injury attorneys may be required to submit an explanation to the insurance company handling your claim. Personal injury attorneys know what strategies these companies employ to try to downplay or minimize your claim. They will handle all correspondence with the insurance company on your behalf. In many cases, the most effective method to prove the validity of a claim is to provide expert testimony. A personal injury lawyer has access to nationally recognized medical experts who can testify in your behalf. They can look over your medical records, speak with you and other witnesses and present their findings to the court to support your claims. If a judge or jury is that you are the winner damages will be awarded for your losses and injuries. These include general damages for pain and suffering, lost wages, and other financial expenses. In some instances the victim may also be awarded punitive damages, which are meant to punish the defendant and deter similar crimes in the future. Liability Analysis In a personal injury case the lawyer will conduct a thorough liability analysis to determine who is responsible for your injuries. They will review the applicable statutes, case law and legal precedents to provide an appropriate basis for filing an action against each party. It can be a lengthy process, particularly in cases where the injuries are atypical and have unique circumstances that require in-depth research. Personal injury law permits injured individuals to seek compensation for their losses resulting from another person's reckless or deliberate actions. These losses could include medical expenses as well as loss of income, earning capacity, emotional distress, loss of consortium and suffering and pain. In certain cases the victim may be awarded punitive damages to punish the offender for their sloppy behavior. A Manhattan injury lawyer will help you determine the amount of compensation you are entitled to for your losses. The medical reports as well as income loss documentation and a liability assessment will be used to create an settlement demand that you can present to your insurer. After the insurance company has accepted a settlement, you will be able to receive your settlement. If the insurance company is unwilling to agree to an equitable settlement then your Manhattan injury lawyer will fight for your rights in court. They can file a lawsuit against the insurance company for bad faith behavior, which could include refusing to settle legitimate claims and dragging out the process to save money. They can also file a suit to seek compensation for your injuries. This could include lost wages, medical expenses emotional distress, physical pain. Many people are concerned that they can't claim compensation if they were partially responsible for the incident, but New York uses a pure comparative negligence model. This means that you are still able to get some of your losses from another at-fault party. Your attorney will also be able to guide you on whether you are entitled to damages due to loss of companionship, mental distress and a lower quality of life. They can also provide information on the damages you might be entitled to if the defendant displayed reckless negligence or an extreme disregard of your security. Preparation for Trial The weeks and months prior to trial can be a hectic stressful time for legal teams. Trial preparation entails the collection and organization of all the raw materials needed by lawyers to conduct a trial or hearing. A thorough preparation allows lawyers to present a more complete and coherent narrative before juries and judges. This typically involves conducting a detailed liability analysis which consists of reviewing and evaluating statutes and case law, common law, and relevant legal precedents in order to determine a legitimate reason to pursue an action against the defendant. This is more time consuming and exhaustive when the case involves a number of complex issues or rare circumstances but it is vital to ensure that your attorney can successfully represent you in court. After your lawyer has a complete understanding of the facts and evidence that are available in your case, they will prepare an application to file with the court. The complaint will outline your legal arguments in relation to the cause of the accident, and will request damages in a specified amount. The defendant will have 30 calendar days to prepare their response after receiving the complaint. This could include preparing interrogatories, which are written questions, or depositions, in which witnesses, parties and experts are interrogated. During this time, your personal injury lawyer will likely also put the defendant on alert to safeguard any important evidence in your case. This could include photos of the scene of the accident, video surveillance footage, medical records and invoices for any costs resulting from your injuries. Your attorney will hire an expert witness to describe certain aspects in your case at trial. For example the likelihood that you'll have a lower quality of life or incur medical expenses. Experts are able to offer their opinion on the basis of their education, training, and the work history. If your case is going to trial, then you'll be required to be sworn in deposition. Your attorney will assist you during this process, providing you with written questions and guidance during the deposition. Negotiation A personal injury lawyer is an effective advocate for the injured victim in settlement negotiations. Insurance companies are usually unwilling to provide an accurate value for the suffering and pain of accident victims. A seasoned attorney will employ an extensive claim process that includes a thorough analysis of liability, and will gather supporting evidence to determine a fair price for your damages. In the course of litigation attorneys will assist you file an insurance claim, talk with the insurance adjuster, and advise on any recorded statements to be made. An attorney who specializes in personal injury will defend their clients against these tactics. Many insurance adjusters try to trick injured people into saying something that can be used against them in court. When the negotiation process begins an experienced personal injury lawyer will draft a demand letter that sets out the initial amount they believe their client is entitled to. The insurance company then offer a counteroffer. After some arguing, the parties might reach a deal that is somewhere between. The severity of your injuries is a key factor in determining your damages. A personal injury lawyer can help determine the total amount of your medical bills and lost wages. They can also help you determine the future loss of income. They can also help determine non-tangible damages like pain and suffering or emotional distress. The insurance adjuster will likely ask for a recording of your statement. A personal injury attorney will strongly advise against making a recorded statement if they are not present, because these individuals can get very pushy and pressure you into making statements that could be used against you in court. A competent personal injury lawyer will be able convince the insurance adjuster your damages are worth more than what they are offering and negotiate a higher settlement. Following a successful settlement, an attorney can continue the process of litigation by filing an action. They will also collect evidence to back up their claim. It typically takes around an entire year for the case to be litigated in court.