How a Personal Injury Accident Lawyer Works A personal injury lawyer can help recover money for your losses caused by someone else's negligent actions They know that every case is different and will employ different strategies to ensure that you get compensated for your losses They start by submitting an insurance claim Then they present evidence supporting the claim, including causation, liability and damages to the insurance company Gathering Evidence One of the most important steps to take after a personal injury accident is to gather and preserve evidence This type of documentation is used to establish blame as well as to support your claim assist others like a judge or jury or an insurance company understand what happened and the severity of your injuries, as well as your losses A good lawyer will have a process to collect and preserve evidence This will probably begin immediately after the accident and will concentrate on capturing crucial details that may disappear over time It may also include gathering eyewitness testimony and surveillance footage, if feasible The initial investigation should also involve obtaining official documents such as police reports, incident records, medical records of your doctor, hospital invoices, records of physical therapy and other relevant financial documentation that shows the effect of your injuries have had on your The more detailed and complete the documentation is, the stronger your case will be Photographs are also a crucial kind of evidence They can be taken with a smartphone which will stamp the date on it or an old-fashioned digital camera Polaroids are not the best choice The goal is to preserve the visual evidence of your accident and any damage you sustained The more details you include in your photos more likely you are of getting a fair and complete settlement It's not just important for your health however, it is also important to get medical reports that demonstrate the severity of your injuries These records will allow you to prove that you suffered physically as well as emotionally after the incident Keep track of all expenses that result from your accident This includes repairs, medical bills and the mileage between and to the doctors' office Your attorney will ask for copies of these documents as they develop your claim, and they'll play an important part in proving the extent of your losses to the insurance company Be careful not to discuss your claim on social media, as it could be incorrectly interpreted or used against you in court proceedings Liability Analysis Personal injury lawyers will perform an exhaustive investigation of the legal liability after gathering as much evidence and information as possible This includes analyzing applicable statutes, case law and legal precedent This is particularly important in cases that have complex issues, rare circumstances or unusual legal theories Liability analysis also involves finding out if there is the duty of care which is the obligation to act in a reasonable manner in a particular situation The injured victims must demonstrate that the defendant violated this duty when they failed to take reasonable steps to ensure their safety This duty applies to many different kinds of relationships that include those between drivers on roads, manufacturers and distributors who distribute defective products, hospitals, doctors and homeowners A lawyer can establish a breach of duty through evidence like witness testimony, accident reports, and physical observations at the scene of an accident They can also rely on experts to present complex theories of fault or damage An engineer could be called in to prove that a hazardous product was designed incorrectly or an accident reconstruction expert can help determine the cause of the incident happened https//wwwaccidentinjurylawyersclaims/ may be called to discuss the injuries the victim has sustained and their expected recovery in light of their current state of health After a liability analysis has been performed, an attorney may prepare to file a lawsuit against the responsible party They can also begin negotiating with the insurer to settle the claim The ideal is that settlement negotiations be completed prior to filing a lawsuit If you've been injured in an accident, it's vital to contact a New York personal injury lawyer immediately Not only can they help you file a claim before the deadline for New York personal injury cases, but they can assist you in getting the compensation you deserve Be aware that many personal injury lawyers work on a contingency fee basis This means that they only receive a fee if they win your case This aligns their interests with yours, and ensures that they will fight for you Negotiation Once liability has been determined the lawyer will then begin negotiations for a fair settlement During this time your lawyer will file an application for compensation on behalf of you and forward it to the insurance company Your accident injury lawyer will calculate a fair settlement, taking into consideration the cost of your medical bills, lost income, future loss of earnings and quality of life as well as property damages, pain and discomfort and other losses In this stage it's essential that your attorney presents a strong case and negotiates with a fervor to ensure that you receive the most favorable settlement Insurance companies are motivated by profits and often give injured claimants the lowest amount that they can This is why it's so important to hire an experienced personal injury attorney In the negotiation phase the attorney will take into consideration any evidence that could support their argument This includes expert testimony, accident reconstruction and official documents If the insurance company is not willing to settle, your lawyer will file an action After this step the parties will participate in a formal mediation process It is a meeting in which the disputing parties share information in the hope of settling the matter Insurance companies can challenge certain aspects of your claim For instance the amount of your medical treatment or the amount of money you have lost due to being off work Your attorney will use documents to establish the true value of losses and injuries This could include wage statements, doctor's notes and other relevant documents In certain cases your attorney could also use financial projections to determine the impact of your injuries on the finances of your family over time If the insurance company continues to undervalue you the lawyer will offer you a a higher counteroffer than what they consider fair If the insurance company accepts your counter-offer, then a final settlement will be reached If they refuse, your lawyer will negotiate with them until a fair settlement is reached or you decide to take the case to trial Your lawyer will prepare an agreement for you to read and sign once a settlement has been reached The agreement will contain all terms and conditions of the settlement, which will include the manner and time when payments will be made Trial If an insurance company is unwilling to settle a fair amount, your personal injury accident lawyer could bring the case to trial This means that you and the defendant appear before jurors or a judge with each part of the story and arguing over what your injuries are worth in terms of medical bills, future expenses such as pain and suffering and lost wages During the trial, your lawyer will consult with experts, call witnesses and present evidence to prove your case This may include the review and collection of your medical records to determine the extent of your injuries and their impact on you Most trials involve expert testimony, like from medical professionals who describe your injuries and the impact they have on you, accident reconstruction experts to discuss the cause of the accident and economists who explain economic losses like loss of income Your attorney will submit an "offer" of proof prior to the trial starts This is a list that includes all the evidence he intends to present at the trial, and how it relates your claim The defense team will then do the same, filing an "offer of evidence" that includes the evidence they plan to use against you at the trial Opening statements are made at the beginning of the trial, before the defendant or the plaintiff take the stand to present their case The plaintiff will explain the circumstances of the accident and the reason why the defendant is accountable, and they will summarize the losses they sustained because of the defendant's negligence The plaintiff's lawyer will then present their case called"case-in-chief" or "case-in-chief" in which they will ask questions of their witnesses and introducing exhibits like documents, photographs and videos The defendant's attorney will then cross examine the plaintiff's witnesses, questioning witnesses about their testimony and evidence After both sides have made their case, the judge or jury decides who is at fault They also decide on the amount each party should pay for the damages suffered by the victim of an accident The jury will then enter deliberations, which can be extremely stressful If the jury is not able to reach a decision the judge will refer the case back to the judge for further consideration and a new trial will be scheduled