Personal Injury Attorneys
A personal injury lawyer will investigate the incident and prove the liability of the at-fault party and handle all negotiations with insurance companies on your behalf. They will make sure you don't get short-changed and will fight for the best amount of settlement or verdict.
Your lawyer will examine the evidence and may hire an expert. They will take photographs of the scene, talk to witnesses and formulate theories about how the accident happened.
Liability Analysis
A personal injury lawyer will investigate and determine the reason for any injuries you've suffered, whether it was a car crash, a slip and fall or another dangerous incident. They will collect evidence such as witness statements and police reports, accident reports medical records, etc. They will also collect images or surveillance camera footage.
They will work with experts who will provide an analysis of various issues. For example, an expert may be needed to examine how your injury occurred and whether it was the result of the defendant's wrongful conduct. Other experts could be called to testify on your medical needs and the possibility of treatment. They can also assist you to determine the amount of damages you can claim for your expenses and losses, such as medical treatment and loss of earnings, property damage, pain and suffering.
Personal injury attorneys can also negotiate with representatives of insurance companies. They know how to use evidence and convince insurance companies to provide a fair settlement. They will keep track of the time-limits, ensuring that they do not let an insurance company extend the time limit on your case.
Our New York City personal injuries lawyers can take legal actions when you're injured by an officer of the police in a hazardous situation. They will hold the police department responsible and the officer accountable for violating your civil rights. New York law allows residents to sue for violations of their civil rights, like excessive force or unlawful restraints by an officer of the police. They can also pursue an action for misconduct by a police officer when an officer uses excessive force to detain suspects or kills innocent.
Preparation for the Trial
In personal injury cases, the plaintiff has to demonstrate that they are entitled to compensation for their injuries, and that a party's actions were negligent. A New York City personal attorney who has experience in this field can assist you throughout the entire process beginning with the initial investigation through to the filing of a suit and the preparations for the trial.
During the discovery phase and during inspection, attorneys from both sides will share information about their respective claims. For example the legal team of the defendant might ask for your medical records, as well as other relevant documents, including employment history. Your lawyer will advise you what requests are legal and which should be avoided.
The attorneys of the defendant may also request that you be examined by a doctor they choose. The examination could include questions regarding your limitations, your standard of life and your future earnings potential. An experienced personal injury lawyer can prepare you for the exam and ensure it is conducted fairly.
A reputable NYC personal injury lawyer will also draft what is known as a Bill of Particulars. This document is a legal document that outlines your injuries, their effects on your lifestyle and the amount of compensation you are entitled to. This document is often required before the trial starts.
While you and your personal injury attorney hope that the case will settle before you step the foot in a courtroom the best attorneys are always prepared for trial. This includes preparing your witnesses, obtaining the evidence required to prove the case, and preparing yourself to testify in your defense in the event of a counter- or direct examination.
Expert Witnesses
Expert witnesses are professionals who can provide an independent opinion on the technical aspects of a case. Their expert opinion and experience will help jurors comprehend what happened at the moment of an accident or injury. The law requires experts to have the appropriate qualifications or knowledge. This can be achieved through a formal education, a degree from a university or through observation and experience over a long period of time.
Medical expert witnesses can offer insight and information to assist the jury and judge comprehend the complexities of medical cases. They may be asked to give testimony regarding the standard of medical care, medical errors and the long-term impact of a medical condition.
Finance and accounting experts can review the financial records of an accused such as assets and liabilities as well as equity, cash flow and net income. They can also prepare an estimate of damages and assist with interrogations, depositions, settlement negotiations, and legal testimony.
In the event of defective construction products or structures manufacturing and engineering experts are often called in. They can provide a detailed explanation of how a defective product was produced or explain how a design or construction defect could have caused injuries to a victim.
A personal injury lawyer can assist you in finding the most suitable expert witnesses to support your claim. The vetting process is important because an expert witness has to be impartial and fair. The expert must review all available facts and not exclude any relevant facts to develop an opinion that favors either the plaintiff or the defendant. This could lead to an untruthful or biased report which could be used against your claim.
Negotiating with Insurance Companies
When a person makes a claim for personal injury they are seeking compensation for their losses. These losses include medical costs, lost income, damage to property and other costs associated with an accident. Riverside injury lawsuits cover non-economic damages like pain and suffering. A lot of insurance companies have difficulty evaluating a fair dollar amount for these kinds of intangible damages. An experienced injury lawyer can negotiate to ensure that adjusters take these damages into consideration when formulating settlement offers.
It is important to prepare an organized demand letter and supporting documents prior to the negotiation process. When discussing your case with the at-fault party's lawyer, insurance company, or their lawyer, it is essential to have an NYC personal injury attorney present. These parties are often trying to make arrangements to pay you as little as they can. They may try to make use of medical issues unrelated to the accident, or any other tactic, to reduce your settlement offer.
A skilled attorney for injuries will be able to swiftly determine what your case is really worth, and avoid settlements that are low. They can also help you receive compensation for the intangible damage, such as discomfort and pain and loss of enjoyment in your life, emotional distress and more. Additionally, a skilled NYC personal injury lawyer can examine any documents insurance companies send you to make sure that they do not contain hidden clauses that could undermine your case.
A NYC personal injury lawyer will be able to help you obtain compensation, even if your responsibility for the accident was only partial. New York law uses a model of pure comparative negligence which allows you compensation from the other parties responsible according to their percentage of liability for your injuries.
Trial in the Court
There are instances where a lawsuit might be required. While the majority of personal injury cases settle without ever going to court, there are situations when a lawsuit might be necessary. A New York personal injury attorney has the knowledge and experience to navigate the litigation process so that you receive an appropriate settlement for your claim.
After the initial investigation, both attorneys will prepare for a settlement negotiation. This is usually done by a mediator, who is a neutral third party who meets with the opposing parties to try and help them reach a settlement. The lawyers might also need to collect evidence like incident or police reports, and also interview witnesses. If the case involves a product they might have to store it or submit it for non-destructive tests and ensure that any evidence is not lost.
Insurance companies are trying to cut costs on huge policy payouts and they will employ whatever methods are they can to achieve this which includes delaying the process. A New York personal injuries lawyer can assist you in avoiding these tactics.
Personal injury damages are intended to compensate you for your injuries, however they can prove difficult to determine. Economic damages, like lost income and medical bills are easy to quantify, whereas non-economic damages like suffering and pain, require the assistance of a doctor who can substantiate the impact of your injuries on your life.
If the insurance company refuses to settle a fair amount, your lawyer will file with a complaint and establish the date for trial. Most personal injury lawyers are on a contingent basis, which means that they only get paid when they are able to obtain compensation for you.