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What Does a Personal Injury Attorney Do? A personal injury lawyer can help those who have suffered injuries because of the negligence or incompetence of others. They are often faced with high medical bills, lost wages and suffering and pain. A personal injury lawyer who has experience can help you receive the compensation that you are entitled to. They will start by collecting evidence. This includes medical records and reports, income loss statements, and much more. Legal Representation The role of a personal injury attorney is to protect the client's legal rights. They serve as a voice of reason when injured victims are experiencing anxiety, anger, and frustration. They assist clients in adhering to legal procedures and deadlines if they want to get the compensation they are entitled to. The first steps a personal injury lawyer will begin by gathering evidence for their case. They may interview witnesses or draft an accident report that is handed over to the police. They also examine documents, including medical records and income loss paperwork. This helps them create a complete picture of your losses and injuries, so they can determine the damages you're qualified for. Once they have a complete understanding of your injuries and losses, a personal injury attorney prepares and files a claim against the defendant. The complaint outlines the legal arguments about liability and requests an amount of compensation. The defendant can file an answer to the complaint within 30 days, and discovery procedures often begin at that time. In this instance you could be asked to provide an account to the insurance company handling your claim. Personal injury lawyers are aware of the strategies companies employ to try to deny or undervalue your claim. They will handle all communication with the insurer on your behalf. In many cases expert testimony is the best way to support your claim. A personal injury lawyer will have access to nationally recognized medical experts that can testify on behalf of you. They will review your medical records, question witnesses, and present their findings to the court to support your claims. If a judge or jury is that you are in your favor, damages will be awarded for your injuries and losses. These include general damages for suffering and pain, as well as lost wages and other financial expenses. In certain instances punitive damages may be awarded to the victim. They are intended to punish and deter future infractions. Liability Analysis In a personal injury case, your lawyer will perform an extensive analysis of the responsibility to determine who is responsible for your injuries. They will study the applicable statutes and case law, as well as legal precedents to provide an appropriate basis for filing a lawsuit against each party. It is a long process, particularly if your injuries are complex and have unique circumstances that require in-depth research. The law governing personal injury allows injured people to seek compensation for losses caused by the negligence or deliberate actions of another person. These losses can include medical expenses, lost earnings or income potential, emotional distress, loss of consortium, and pain and suffering. In certain cases victims can be awarded punitive damages to punish the offender for their sloppy behavior. A Manhattan injury lawyer can assist you in determining the amount of compensation you're entitled to for your losses. They will use the information gathered from your medical records, income loss documentation and an analysis of your liability to prepare settlement demands which you can submit to the insurance company. After the insurer has accepted a settlement, you will be able to receive your settlement. Your Manhattan injury lawyer will fight in court for your rights if the insurance company refuses to pay a fair settlement. They may file a complaint against the insurance company for committing bad faith conduct, which includes refusing to pay legitimate claims, or delay the process to save money. They may also file a lawsuit to seek damages to compensate you for your injuries that result in lost wages, medical bills, emotional distress and physical suffering. Many people worry that they won't be compensated if they were partially at fault. However, New York follows a pure comparative system and you are still able to recover a portion of your losses from the party responsible. Your attorney will also be able to help you determine if you are entitled to damages for the loss of companionship, mental distress and a lower quality of life. They will also be able to explain the damages you may be able to claim if the defendant displayed the most reckless or negligent disregard for your safety. Preparation for the Trial The weeks and months prior to trial can be a hectic and stressful time for legal teams. Trial preparation involves gathering and organizing of raw materials that a lawyer will require for an upcoming hearing or trial. A thorough preparation helps lawyers present an extensive, comprehensive and coherent argument to judges and juries. This typically involves conducting a detailed liability analysis which consists of examining and evaluating statutes, case law, common law, and pertinent legal precedents to establish a valid rationale for pursuing an action against the defendant. It can be a long and tiring process when the case involves complex issues or rare circumstances. However it is essential for your attorney to be able to successfully represent you in court. Once your attorney is completely aware of the evidence and facts that are available in your case, they will draft a complaint to submit to the court. The complaint will outline your legal arguments in relation to the accident and its cause, and will request damages in a specific amount. Once the defendant receives the complaint, they will have 30 days to write an answer. This may include preparing interrogatories (written questions) or depositions (questioning witnesses, parties and experts). During this time your personal injury lawyer will likely also notify the defendant to preserve any evidence that is important in your case. This could include photos of the scene of the accident, surveillance footage, medical records, and invoices for any incurred expenses as a result of your injuries. Your attorney will hire expert witnesses to describe certain aspects of your case during trial, such as the possibility that you'll experience a reduced quality of life, or the expected cost of medical bills to come. Experts can provide their opinions based on their education, training, work history, and repute within a particular field. If your case is brought to trial you will be required to be present and take oath testimony at a deposition. Your attorney will assist you during this process by providing you with written questions to answer, and by guiding you through the deposition. Negotiation A personal injury attorney can provide a strong voice for the injured victim during settlement negotiations. Insurance companies are typically reluctant to provide an adequate amount for accident victim's losses and pain. An experienced attorney will follow an extensive claim process that includes a thorough analysis of liability, and collect evidence to establish a fair amount for your damages. In the course of litigation An attorney will help you file an insurance claim, talk with the adjuster of the insurance company, and assist with any recorded statements to be made. Many insurance adjusters will try to convince injured victims to admit something that could be used against them in court, so a personal injury attorney can shield their clients from these kinds of tricks. An experienced personal injury attorney will prepare 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 agree on a settlement amount that is somewhere between. The severity of your injuries is an important aspect in determining the extent of your injuries. Oklahoma City injury lawyer can help you calculate the total cost of your medical bills, lost wages, future loss of earnings and property damage. They can also help you calculate non-tangible damages, like emotional distress. Insurance adjusters will likely request an audio recording of the statement you make. Personal injury lawyers will advise you against recording your interview without them present. They can be very pushy and pressurize you into saying things which could be used against your in court. A good personal injury lawyer will be able to convince the insurance adjuster that your damages are worth more than what they are offering and negotiate a higher settlement. After a settlement that is successful the attorney can then continue the process of litigation by filing an action. They will also gather evidence to support the case. It typically takes around one year for the case to be decided in court.