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How a Personal Injury Lawyer Can Help A personal injury lawyer can assist you if you've been injured in an accident, or any other type of injury. They can negotiate with insurance companies and communicate on your behalf. This lets you concentrate on healing. They also interpret medical records and act as an intermediary between you and your physicians. They can also establish four components for a successful claim including duty, breach of duty, cause and damages. Liability Analysis Many personal injury lawyers in New York specialize in certain kinds of injuries. These include surgical errors and car accidents. They could also include construction site injuries or wrongful deaths, and even car accidents. Lawyers with these backgrounds typically have a wealth of knowledge that they can apply to build your case and even the playing field with big insurance corporations and companies. Four elements are necessary to prove a successful claim: duty, breach of duty, causation and damages. The attorney will review the details of your case, including medical reports and police records, to determine if you are able to pursue monetary compensation. Your lawyer will also help you assess the cost of medical treatment in the future. Your lawyer will consult with an expert medical doctor regarding your specific diagnosis and estimate the amount you'll have to pay for long-term care such as physical therapy or psychiatric treatment. They will also take into account the present and future value of your property's damage, and lost wages. Some personal injury attorneys charge a flat amount to begin working on your case. Others work on a contract basis. There is no requirement to pay anything upfront, and your lawyer will receive a portion of any final award. In most cases, this is 33 percent to 40 percent of the award. Additionally, some lawyers will even offer free consultations. This is a great way to determine whether the attorney is a good fit to your requirements. Preparation of Settlements or Trials During the pre-litigation phase attorneys review all evidence, documents, and information relating to your accident. They also do the research on injuries and verdicts during this time to determine a fair amount to settle your case. Once they are able to start negotiations, your lawyer will send a demand letter to the at-fault party's insurance company outlining the losses you have suffered. The losses you face include medical expenses, lost wages, and the pain and suffering. Insurance companies are trying to settle claims as quickly and efficiently as they can. Therefore, it is essential to have a seasoned personal injury attorney on your side. The attorney can go over the initial offer made by the insurer and negotiate a an amount that is higher. This will ensure that you receive the fair and complete compensation. Your lawyer will prepare all the documents necessary to finalize your agreement when your claim is settled. This includes a release of all claims against the defendant, an authorization to withdraw funds from your bank account and an account of your current medical requirements. The court may order you to undergo an examination with a doctor chosen by the defendant. If you are unable to attend the exam and the defendant is able to file a motion to dismiss your lawsuit without prejudice. Your lawyer will go over the documents to ensure that they are legal and that there are no issues. Your lawyer will deduct the agreed-upon amount as well as any expenses incurred to prepare the next phase of your case if you sign the documents. Filing an action The consequences of someone else's carelessness can last for a lifetime. Your physical discomfort, loss of pleasure from life, and financial burden can have a devastating impact on you and your loved ones. You can, however, seek compensation to offset these loss. A personal injury lawyer attorney can help you file a lawsuit against the parties responsible. The procedure involves providing legal documents to the court and serving them to defendants. The complaint will contain the arguments you have and evidence supporting those claims as well as a request for the relief you're seeking from the defendant (i.e., damages). You may also be entitled to punitive damage when the defendant has shown an extreme lack of care or gross negligence in regards to your safety. This can be used to punish the defendant and act as a deterrent to others. During this period, your lawyer and their legal team will work hard to build a strong case on your behalf. This will involve medical documents, photographs and other evidence, eyewitness testimony and depositions of medical experts and other investigations. When the attorney is satisfied that their case is solid, they will negotiate a settlement with the opposing counsel that is appropriate to your situation. Representation at Trial Your lawyer will be a part of and prepare for a jury trial if it becomes apparent that a trial is necessary in order to receive the compensation you are entitled to for your injuries. This requires a lot of time and energy, which your lawyer will devote towards building the strongest case possible on your behalf. Your case may also be handled outside of court via settlement, however this is a riskier process for you and your attorney. In determining the proper amount of compensation you deserve for your injuries the personal injury lawyer will consult with medical experts regarding your particular diagnosis to determine future expenses like physical therapy or visits to your neurologist. They will consider the loss of your earnings, your suffering and pain, as well as the impact of your injuries on your quality of life. Morgan and Morgan's team will manage your claim based on a contingency basis meaning you won't be required to pay upfront costs. Based on where you live the defendant may also be responsible for attorney's fees. This structure evens out the playing field between you and the Goliath insurer or other big corporation that has their own attorneys on retainer. It also allows you access to an attorney team with the size and weight to thwart these large corporations.