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What Does a Personal Injury Attorney Do? A personal injury attorney can assist those who have been injured because of the negligence or misconduct of others. Many of them are struggling with medical bills that are high as well as lost wages, suffering and pain. Torrance injury lawsuits with years of experience can help you receive the compensation you deserve. The first thing they'll take care of is collecting evidence. This includes medical documents reports of income loss, statements on income and more. Legal Representation The job of an attorney for personal injury is to defend the rights of a client's legal rights. They can be a voice for the injured victim when they are experiencing anxiety, anger and even frustration. They help clients adhere to important legal procedures and deadlines, if they want to be compensated for the damages they deserve. The initial steps a personal injury lawyer takes involve gathering evidence to support their case. They may speak with witnesses or write an accident report to be given to the police. They also look over documents such as medical records or income loss documentation. This helps them develop an accurate picture about your losses and injuries, to determine the damages you're entitled to. After they have a full knowledge of your losses and injuries an attorney for personal injuries prepares and files a complaint against the defendant. The complaint provides legal arguments regarding liability, and it also requests a specific amount of money. The defendant has 30 days to file an answer. Discovery processes can often begin at that point. In this instance you may be asked to give an explanation to the insurance company handling your claim. Personal injury attorneys are familiar with the tactics these companies employ to deny your claim or undervalue it. They will handle all communications with insurers on your behalf. In most cases, expert testimony is the best way to demonstrate your claim. A personal injury attorney has access to nationally recognized medical experts who will be witnesses on your behalf. They can look over your medical records, interview witnesses, and report their findings in court to support your claims. If a court or jury finds in your favor, you'll be awarded damages for the injuries and losses you have suffered. These include general damages for suffering and pain, as well as lost wages, and other financial costs. In certain cases, a victim can also be awarded punitive damages, which are intended to penalize the defendant and prevent similar wrongdoing in the future. Liability Analysis In a personal injury lawsuit your lawyer will conduct an extensive analysis of the responsibility to determine who is responsible for your injuries. They will look over the applicable statutes, legal precedents, and cases to establish a valid reason for filing an action against each party. It can be a lengthy process, especially in cases where the injuries are atypical and involve unique circumstances requiring in-depth research. Personal injury law allows injured individuals to seek compensation for losses incurred by the negligence or deliberate actions of another. These losses can include medical expenses as well as loss of income, earning capacity, emotional distress, loss of consortium and suffering and pain. In some instances, a victim can be awarded punitive damages to punish the offender for their sloppy behavior. A Manhattan injury attorney can help you determine the amount of money you are owed for your losses. Your medical reports and income loss documents and an assessment of liability can be used to draft a settlement demand which you can present to your insurer. If the insurance company agrees to the settlement, you will receive the compensation you were promised. Your Manhattan injury lawyer will fight for your rights if the insurance company refuses a fair settlement. You can file a claim against the insurance company, in which they claim that they committed fraud by refusing to pay legitimate claims and delaying the process to save money. They can also file a lawsuit to seek compensatory damages for your injuries which include medical bills, lost wages emotional distress, and physical pain. Many people worry that they cannot seek compensation even if they were responsible for the accident, but New York uses a pure comparative negligence system, and you may still be able to claim part of your losses from an at-fault party. Your attorney can advise you on whether you are entitled to damages for the loss of companionship, mental distress and a lower quality of life. They can also provide information on what damages you might be entitled to if the defendant displayed reckless disregard or gross negligence for your safety. Preparation for the trial The months and weeks prior to trial can be a hectic and stressful time for legal teams. Trial preparation involves the gathering and organization of all the raw documents a lawyer requires to conduct a trial or hearing. An organized trial preparation will allow lawyers to give an accurate, complete and coherent argument to jurors and judges. This usually involves conducting a detailed liability analysis, which is the process of examining and evaluating statutes and case law, common law, and relevant legal precedents in order to determine a legitimate reason for pursuing a claim against the defendant. This is more time consuming and lengthy when the case involves complex issues or unusual circumstances, but it is necessary to ensure that your lawyer can successfully represent you in court. Your lawyer will draft an application to the court when they have a thorough knowledge of all the facts and evidence in your case. This will detail your legal arguments in relation to the cause of the accident, and will request damages in a certain amount. The defendant will have 30 calendar days to draft their response following receiving the complaint. This could include preparing interrogatories (written questions) or depositions (questioning witnesses, parties and experts). During this time the lawyer representing you will likely make sure that the defendant is on guard to safeguard any important evidence in your case. This could include photographs of the scene of the accident, video footage of the incident medical records, and invoices for any costs caused by. Your lawyer will employ experts to present certain aspects of your case at trial, for example, the likelihood that you will experience a reduced quality of life or the anticipated cost of medical bills to come. Experts can provide their opinions on the basis of their education, training and their work experience. If your case is brought to trial, you will be required to attend and be sworn in a deposition. Your attorney will guide you through the process, supplying you with written questions and will guide you during the deposition. Negotiation A personal injury lawyer will be an effective advocate for the injured victim during settlement negotiations. Insurance companies are generally unwilling to provide an accurate estimate of the suffering and pain of victims of accidents. An experienced attorney can use an extensive method of settling claims, including detailed liability analysis and the collection of evidence documents to determine a fair value for your damages. During the litigation process, an attorney will help you make an insurance claim, speak with the insurance adjuster, and assist with any recorded statements that need to be provided. Many insurance adjusters attempt to make injured victims admit to something that could be used against the plaintiff in court, and an attorney who specializes in personal injury can protect their clients from these kinds of tricks. Once negotiations begin, an experienced personal injury lawyer will prepare an demand letter that spells out the amount they believe their client is entitled to receive. The insurance company then offer a counteroffer. After a few back and forth, the parties may agree on a settlement amount that is somewhere between. An important factor in determining the value of your damages is the extent of your injuries. A personal injury lawyer can help determine the total amount of your medical bills and lost wages. They can also assist you calculate future loss of income. In addition, they will also assist you in calculating the intangible damages like your suffering and emotional anxiety. The insurance adjuster will likely ask for a recording of your statement. A personal injury attorney would strongly suggest against making a recorded statement without their presence present since they could get very pushy and pressure you to make statements that could be used against you in court. A competent personal attorney for injuries will be able to convince the insurance adjuster your damages are worth more than what they are offering and negotiate a higher settlement. Following a successful settlement the attorney can then continue the litigation process with a lawsuit. They will also collect evidence to support the case. It usually takes around one year for the case to be litigated in the court.