Personal Injury Attorneys
A personal injury lawyer will investigate the accident, prove liability by the party responsible and handle all negotiations with insurance companies on your behalf. They will ensure you don't suffer any unfair treatment and will fight for the best settlement or verdict that is possible.
Your lawyer will examine the evidence and may employ an expert. They will take photographs of the scene, talk to witnesses and formulate theories about how the accident occurred.
Liability Analysis
Your personal injury lawyer will investigate and determine the cause of any injuries you've sustained whether it was from a car crash, a slip and fall, or another dangerous incident. They will gather evidence, such as witness statements as well as accident and police reports, as well as medical records. They also collect visual evidence, such as photos and surveillance camera footage.
injury accident lawyers will work with expert witnesses to give an analysis and opinion on a variety of topics. Expert witnesses may be required to investigate the circumstances of your injury and determine whether it was caused by an act of a defendant. Other experts may be called to testify about your medical needs and the possibility of treatment. They can also assist you to determine the right amount of compensation to claim for your expenses and losses, such as medical treatment, loss of earnings, property damage, and pain and suffering.
Personal injury attorneys can also negotiate with representatives of insurance companies. They are able to use evidence to convince an insurer to provide a fair settlement. They will track the time-limits, ensuring that they don't let an insurance company run out the clock on your case.
If you are injured in a risky situation at the hands of a police officer, our New York City personal injury lawyers can initiate legal actions to hold the department and the person responsible for violating your civil rights. New York law allows residents of the state to bring suit for violations, such as excessive force or illegal restraints by policemen. They may also bring a claim for police misconduct when a police officer uses excessive force to arrest suspects or kills the innocent.
Preparation for the Trial
In personal injury cases, the plaintiff has to prove that they have the right to compensation for their injuries, and that a party's actions were negligent. An experienced New York City personal injury attorney can assist in this process starting with the initial investigation and filing of a lawsuit, to the preparation for trial.
During the discovery phase as well as inspection lawyers from both sides will exchange details about their respective claims. The legal team of the defendant might ask for, for instance, your medical records, any other relevant documents, and employment history. Your lawyer will tell you which requests are legal and which ones should be avoided.
The defendant's lawyers may also ask you to be examined by a doctor of their choice. This examination can include questions regarding your physical limitations and the effects of your injuries on your life quality and your potential earnings in the future. A skilled personal injury lawyer can prepare you for the exam and ensure that it is conducted in a fair manner.
A good NYC personal injury lawyer can also prepare the document referred to as a Bill of Particulars, which is legal document that spells out in detail your injuries, the effects of these injuries on your life quality and the amount you are entitled to receive. The document is typically required before the trial begins.
The most effective personal injury lawyers are prepared for trial, even if you and your attorney want to settle the matter before you enter the courtroom. This includes preparation of witnesses, obtaining any evidence necessary for the case and preparing to testify for you in court, whether it is cross- or direct.
Expert Witnesses
Expert witnesses are professionals who provide an impartial opinion on the technical aspects of a case. Expert witnesses' professional opinions and expertise can assist jurors in understanding what happened at the time of an accident, or injury. The law requires that experts have some type of relevant education or knowledge in their area of expertise. This is accomplished through a degree from a university or formal education, a years of observation and experience, or extensive practice in their field.
Medical expert witnesses are able to provide information and insight that will help the judge and jury better understand the issues surrounding a case. They might be asked to testify about standards of care, medical errors and the long-term consequences of a condition.
Expert witnesses in accounting and financial matters can analyze the financial records of a defendant, including revenues, assets, liabilities, net income, cash flow and equity. They can also provide an initial estimate of damages and help with interrogations, depositions, settlement negotiations and legal testimony.
Expert witnesses in manufacturing and engineering are frequently used in cases involving defective products or structural issues in buildings. These experts can explain how a defective product was made or how a building design or construction defect could have caused injuries to the victim.
A personal injury lawyer will assist you in locating the most qualified expert witnesses to support your case. The vetting process is important since an expert witness must be impartial and fair. The expert should review all available facts and not omit any relevant information in order to create an impression that favors the plaintiff or the defendant. This could result in an unreliable or biased report that could be used against you.
Negotiating with Insurance Companies
If a claimant files a personal injury claim the claimant is seeking compensation for the damages they have suffered. These losses include medical costs loss of income, damages to property and other costs that result from an accident. Some claims involve non-economic damages like pain and discomfort. Insurance companies can be a challenge in finding a fair value for these intangible losses. A skilled injury lawyer can negotiate with adjusters to ensure they take these risks into consideration when preparing their settlement proposals.
It is important to prepare a well-organized demand letter with supporting documents before the negotiation process. It is also important to have your NYC personal injury attorney present when discussing your case with the person at fault and their lawyer or insurance company. These parties are usually seeking ways to make your settlement as low as they can. They might try to use past medical conditions unrelated to the accident or other tactics to reduce your settlement offer.
A knowledgeable attorney can swiftly determine the true worth of your case and help you avoid low settlements. They can also assist you to secure compensation for intangible damages such as suffering and pain and loss of enjoyment life, emotional distress and more. A NYC personal injury lawyer will review any documents that are sent to you by the insurance company to make sure they do not contain hidden clauses that could undermine your case.
A NYC personal injury lawyer can assist you in obtaining compensation, even if your responsibility for the accident was only partial. New York law follows a pure comparative negligence model, which permits you to claim compensation from other parties at fault in proportion to the amount of responsibility they share for your injuries.
Prosecution in Court
There are times where a lawsuit might be necessary. While most personal injury cases settle without ever going to the courtroom, there are situations when a lawsuit might be required. A New York personal injury attorney has the knowledge and experience to manage the litigation process to ensure that you receive an equitable settlement for your claim.
Following the initial investigation after which both attorneys will prepare for the settlement negotiation. A mediator may be used for this purpose, which is a meeting between the opposing parties and a neutral third party that attempts to facilitate a reconciliation. Lawyers may also be required to gather evidence, such as police reports or incident reports, and also interview witnesses. If the case involves a product, they may have to store or send it to non-destructive testing, and ensure that any evidence is not lost.
Insurance companies will do anything to save money even if it means delaying a case. A New York personal injury lawyer knows the tactics that are frequently used and can help you avoid becoming prey to them.
Personal injury damages are intended to compensate you for your injuries, however they can prove difficult to quantify. Economic damages like lost wages and medical bills are easy to calculate, whereas non-economic damages, like pain and suffering is dependent on the assistance of a doctor who is able to verify your injuries.
If the insurance company isn't willing to negotiate a fair settlement, your attorney will file a complaint with the court and set an appointment for trial. Most personal injury lawyers operate on a contingency basis, which means they only get paid when they win compensation for you.