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What Does a Personal Injury Attorney Do? A personal injury attorney helps those who have been injured because of the negligence or wrongful conduct of others. Many of them are struggling with high medical costs as well as lost wages, suffering and pain. A skilled personal injury lawyer can help you obtain the compensation you deserve. They will start by collecting evidence. This includes medical records and reports and income loss statements and many more. Legal Representation The job of an attorney for personal injury is to defend the legal rights of the client. They act as an advocate in the confronting of anger, fear anxiety, frustration, stress and other typical emotions victims of injuries experience following an accident. They help clients adhere to important legal procedures and deadlines if they wish to receive the compensation that they deserve. The first step is to gather evidence for their case. They may ask witnesses to testify and draft an accident report for police. They also examine documents such as medical records or income loss documents. This helps them create an accurate picture of your injuries and losses so they can determine what damages you are entitled to. Once they have a thorough knowledge of your losses and injuries, a personal injury attorney creates and files a lawsuit against the defendant. The complaint provides legal arguments for the liability of the defendant, and asks for an amount of compensation. The defendant is able to file an answer to the complaint within 30 days, and discovery procedures typically begin at this point. During this time, you will likely be asked to provide an explanation to the insurance company that is handling your claim. Personal injury lawyers are well-versed with the tactics that companies employ to reject your claim or to undervalue it. They will handle all communication with the insurers on your behalf. In most instances, the best way to prove an injury is to use expert testimony. A personal injury lawyer has access to nationally recognized medical experts who will be witnesses on your behalf. They will review your medical records, question you and other witnesses and report their findings before the court to prove your claims. If a court or jury decides in your favor, you will be awarded damages for the damages and injuries you have suffered. These include general damages for suffering and pain, as well as lost wages, and other financial expenses. In Skokie injury attorneys can also be awarded punitive damages, which are meant to penalize the defendant and prevent similar wrongdoing in the future. Liability Analysis In a personal injuries case the lawyer will conduct a thorough analysis of responsibility to determine who is accountable for your injuries. They will review the applicable statutes, case law and legal precedents to establish a valid rationale to file a lawsuit against each party. It can be a lengthy process, particularly if your injuries are complex and involve unique circumstances requiring extensive investigation. The law governing personal injury allows injured individuals to claim compensation for losses caused through the reckless or deliberate actions of a third party. These losses could include medical expenses, lost income or earning potential, emotional distress, loss of consortium, as well as suffering and pain. In some cases punitive damages may be awarded to punish a wrongdoer's outrageous behavior. A Manhattan injury lawyer can assist you in determining the amount of compensation you're entitled to for your losses. Your medical reports, income loss documentation, and the liability assessment will be used to prepare a settlement demand which you can present to your insurer. Once the insurance company agrees to an agreement, you will receive your compensation. If the insurance company refuses to agree to an equitable settlement then your Manhattan lawyer will fight for your rights in court. They can file a lawsuit against the insurance company, asserting that they committed fraud by refusing to pay valid claims and delaying the process to save money. They can also file a lawsuit seeking compensatory damages for your injuries, including lost wages, medical bills emotional distress, and physical suffering. Many people are concerned that they cannot seek compensation even if they are partially responsible for the accident, but New York uses a pure comparative negligence model. This means that you can still get part of your losses from the at-fault party. Your lawyer will also be able to guide you on whether you are entitled to damages for loss of companionship, mental anguish or a diminished quality of life. They will also be able to explain what damages you might be able to claim in the event that the defendant exhibited gross negligence or extreme disregard for your safety. Preparation for the Trial Legal teams can face an intense and hectic time during the months and weeks prior to the start of a trial. Trial preparation is the gathering and organizing of the raw documents that lawyers will need for an trial or hearing. A thorough trial preparation allows lawyers to present a more complete and coherent narrative before juries and judges. This could include a thorough liability assessment which is the method by which you review and evaluate statutes, caselaw as well as common law and legal precedents to establish a valid reason for pursuing an action against the defendant. This can be more time-consuming and exhaustive when the case involves complicated issues or unusual circumstances but it is vital to ensure that your lawyer will be able to successfully represent you in court. Your attorney will prepare an application to the court after they have a complete understanding of all the facts and evidence in your case. The complaint will include your legal arguments about the accident and its causes and also a request for damages. The defendant will have 30 days to prepare their response after receiving the complaint. This may include preparing interrogatories (written questions) or depositions (questioning witnesses, parties, and experts). During this time the personal injury attorney may also notify the defendant to keep any evidence that is important in your case. This could include photos of the scene of the accident, video surveillance footage, medical records, and invoices for any expenses as a result of your injuries. Your attorney will hire experts to discuss certain aspects of your case at trial, including the likelihood that you will be unable to enjoy the same quality of life, or the expected costs of medical bills in the future. Experts are able to provide their opinions based on their education, training, work history, and repute within a specific field. If your case is set to go to trial, you'll need to be sworn in a 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 during settlement negotiations. Insurance companies are usually unwilling to provide a fair value for an injured victim's suffering and losses. A seasoned attorney will employ a comprehensive claim process which includes a thorough analysis of liability, and collect evidence to establish a fair value for your damages. In the course of litigation, an attorney will help you make an insurance claim, talk with the insurance adjuster and assist with 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, therefore an attorney for personal injuries will be able to protect their clients from these types of tricks. A seasoned personal injury lawyer will draft a letter of demand that outlines the initial amount they believe the client is entitled to. The insurance company will offer a counteroffer. After some back and forth, the parties may reach an agreement 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 lawyer can help you calculate the total costs of your medical bills as well as lost wages, future loss of earnings, and property damage. They can also help calculate non-tangible damages, like pain and suffering or emotional distress. Insurance adjusters will likely require an audio recording of the statement you give. A personal injury attorney will strongly advise against giving a recorded statement without their presence, because these individuals can get very pushy and pressure you into making statements that could be used against you in court. A reputable personal injury lawyer can convince the insurance adjuster that your losses are worth much more than what they're offering and negotiate a higher settlement. After a successful settlement an attorney may then begin the litigation process with a lawsuit. They will also collect evidence to back up their claim. It usually takes about an entire year, so the person who is injured will need to be patient while their case is being argued in court.