Your personal injury lawyer will work with you to document the accident and your injuries. This information will be used at trial to prove that you are entitled to compensation.
This includes economic damage such as medical costs and lost wages. It may also include non-economic damages like pain and suffering.
Liability Analysis
Beverly hills personal injury lawyer is a legal professional who handles cases where an individual suffers physical or emotional harm as a result of another person or company’s negligent acts. This can include car crashes, slip-and-falls, assault claims, work injuries, and defective product cases. Some lawyers focus their practice in a particular area of personal injuries, which allows them gain experience and build a specialized base of knowledge.
A lawyer will perform a thorough analysis of liability once they have gathered enough information to understand the incident. To do this, they must review relevant statutes, common law precedents, and case law. They may also need to consult outside experts like accident reconstruction specialists.
Some cases that fall within personal injury laws involve intentional acts, such a assault or battery. However, most personal injury claims stem from negligent behavior. These claims are usually based around the concept of negligence, which is the idea that the defendant knew or should have known that his actions or inactions were going to cause harm to others. This could include a car crash caused by speeding, distracted driving, or medical malpractice.
Once your attorney has a solid understanding of the facts of your case, he or she will begin settlement discussions with the insurance company for the negligent party. Mediation is often used, which is a discussion between you, your lawyer, and the representative of the other party to determine settlement options.
Consultation Initial
A free consultation is usually the first step to hiring a personal injuries lawyer. This is a meeting between you and your attorney that takes place over the phone or in person. During this initial consultation, your injury attorney will assess the viability of your case and offer some preliminary legal advice.
If you are in an accident that involved injuries, your lawyer will want to know what occurred and the details surrounding it. Your information will be used to determine whether there is a valid claim against one or several parties. The attorney will also review the law, statutes, and common law precedent to establish a liability analysis for your case.
During the first consultation, your injury lawyer will review all the evidence available in your case. These include police reports and medical records of the doctor who treated your injuries. To determine your credibility, they will ask you about the accident and how you remember it. Your lawyer will use the information you provide to help you determine what damages or losses you could pursue in a personal injury case.
This is the best time for you to ask your attorney any questions you may have about the legal process and what you should expect in terms of time and costs. Your attorney will give you an estimate of the time frame and any issues that may be involved. However, it is not always possible for your attorney to provide this information during the initial consultation because every case is different. Your attorney will also discuss whether you should move forward based on your priorities and goals. If you decide to hire the attorney, you will sign a representation agreement and the attorney will begin working on your case.
Discovery
After filing your lawsuit you and your personal injuries lawyer will enter into the discovery phase. This phase is crucial for gathering evidence and information to prepare for trial. This can also help your attorney determine what the other party will claim at trial and how to best defend against these claims.
A variety of information-gathering tools are available to parties in personal injury cases, including interrogatories, requests for documents, requests for admission and depositions. During this phase, both parties can ask each other questions about the case under oath and review documents such as medical records, photographs and witness statements.
While the discovery process is time-consuming, it is a necessary part of every case that goes to trial. This is why it’s important to hire an experienced personal injury attorney who knows the law of disclosure and how to use it effectively in your case.
Depending on the complexity of your case, the amount of information to be gathered, and the degree to which both parties cooperate, this phase can last from a few months to more than a year. Your personal injury lawyer will make sure that all discovery tasks are completed within the deadlines.
Your personal injury lawyer will use the information gathered in this phase to negotiate a settlement on your behalf with the insurance company. However, if the insurance adjuster is unwilling to settle, you may need to take your case to trial to receive fair compensation for your injuries and losses. Our attorneys have extensive experience in personal injury cases and can represent you in court effectively to maximize your chances of a positive result.
Negotiation
Negotiation is the process of making and discussing offers and counteroffers to settle a claim for injury. Personal injury lawyers have extensive experience in negotiating with insurance companies for maximum compensation.
A demand letter is used by an attorney to begin the negotiation process. This document will provide details about the accident, the client’s injuries and their resulting impacts on their life, including medical expenses, loss of income, property damage, and other related damages. The letter may also include supporting documents and evidence, such as medical records or witness accounts, expert opinion, police or accident report.
The insurance company will review the demand letter and respond with a counteroffer, which may be higher or lower than the requested amount. The attorney will use evidence to determine an amount of compensation that is reasonable and then make a firm claim for this amount. A personal injury lawyer who has experience can anticipate insurance companies’ tactics and counter them.
In some cases, an insurance company may refuse to pay a fair amount of compensation. A personal injury lawyer can then pursue additional insurance policies, such as coverage for underinsured drivers. In some cases, the injured party may choose to sue for their injuries if they can file the lawsuit within the statutes of limitations. In many states, injury victims have two years to file a suit from the date that their accident occurred or their diagnosis of medical malpractice.
Trial
In cases involving a disagreement over insurance coverage, or liability for an incident, it may become necessary to bring the matter to court. Personal injury attorneys who have extensive courtroom experience will be able to successfully represent your interests and pursue a satisfactory result for you.
In a court of laws, both parties will present their evidence and arguments to a jury or judge. Each attorney gives an opening statement and witnesses testify to their respective positions regarding fault and damages. After both parties have presented their evidence to the judge or jury, they deliberate and render a verdict.
Preparing for trial, gathering evidence and reviewing it can take a lot of time. The timeline can vary based on these factors. A complex case and a dispute over liability can prolong the process, as can a delay in getting the trial date on a court’s docket. Insurance companies often make settlement offers that are lower than the amount the plaintiff is seeking, which makes negotiations difficult and prolongs the case.
A minor mistake could invalidate your claim and prevent you from receiving compensation. An experienced Manhattan personal lawyer can help ensure that you file your paperwork accurately and on-time. They can also assist you in dealing with claims adjusters, who are trained to find ways to deny your claim or minimize your payouts.
