Personal Injury Attorneys
A personal injury attorney will investigate the incident and prove the liability of the party responsible and handle all negotiations with insurance companies on your behalf. They will ensure that you do not get shortchanged by fighting for the best settlement possible.
Your lawyer will review evidence and may also engage experts. They will question witnesses, document the scene and come up with theories to explain the cause of the accident.
Liability Analysis
Your personal injury lawyer will examine and determine the cause of any injuries you have suffered regardless of whether it was an accident in the car or slip and fall, or another harmful incident. They will gather evidence, such as witness statements as well as accident and police reports, and medical records. They also compile visual evidence like images and footage from surveillance cameras.
They will work with experts who will provide an analysis of various issues. An expert witness may be required to analyze the circumstances that led to your injury and determine whether it was the result of an act of a defendant. Other experts may be brought to testify regarding your medical requirements and the future treatment you will require. They will also assist in determining the damages you are entitled to claim for your losses, including medical expenses, loss of income, property damage, and discomfort and pain.
Personal injury lawyers can also engage with representatives of insurance companies. They know how to use evidence to convince an insurer to settle the case in a fair manner. They will keep track of the statute of limitations, ensuring that they do not allow an insurance company to run out the clock on your case.
If you are injured in a potentially dangerous situation by a police officer, our New York City personal injury lawyers can take legal actions to hold the department and the individual responsible for violating your civil rights. New York law allows residents to bring suit for violations of their basic civil rights, like excessive force and unlawful restraint by the police officer. They may also bring the police for misconduct when a police officer uses excessive force to detain suspects or kills an innocent.
Preparation for Trial
In personal injury lawsuits, the plaintiff must demonstrate that they are entitled compensation for their injuries, and also prove that the other party's actions have been negligent. An experienced New York City personal injury lawyer can assist in this process beginning with the initial investigation and filing of an action to the preparation for trial.
During the discovery and inspection phase, attorneys for both sides will discuss information about their respective claims. For instance the legal team of the defendant may request medical records, as well as other relevant documents, including employment information. Your lawyer will tell you which requests are legal and which ones should be avoided.
The lawyers of the defendant may also ask you to undergo an examination by a physician they choose. This examination may include questions regarding your limitations, your quality of life and your future earning potential. A seasoned personal injury lawyer can prepare you for this exam and make sure that it is conducted with integrity.
A good NYC personal injuries lawyer will also prepare what is referred to as the Bill of Particulars. This document is a legal document which details the severity of your injuries, their effect on your living standards, and the amount of compensation you are entitled to. This document is usually required prior to the commencement of the trial.
While you and your personal injury attorney hope that the case will be settled before you step the first step in a courtroom, the best attorneys are always prepared for trial. This includes preparation of witnesses, obtaining any evidence necessary to prove the case, and being prepared to testify for you in court, whether it is cross- or direct.
Expert Witnesses
Expert witnesses are professionals who can provide an impartial opinion on a particular technical aspect of the case. Their expert opinion and experience can help jurors understand what happened at the moment of an accident or injury. The law requires that experts possess some form of education or knowledge in their specialization. This can be accomplished through an education that is formal or a degree from a university, or long-term observation and experience.
Medical experts can provide insights and details to help the judge and jury understand the complex issues surrounding medical cases. They can also be required to testify on the standards of care, medical errors and the long-term consequences of a medical condition.
Finance and accounting experts can analyze the financial records of an suspect, including assets, liabilities, cash flow, equity, and net income. They can also provide a preliminary estimate of damages and assist with interrogations, depositions, legal testimony and settlement negotiations.
Engineering and manufacturing expert witnesses are frequently used in cases involving defective products or structural issues in construction sites. These experts can provide a victim with an explanation of the way in which a flawed design or product was created.
A personal injury attorney will help you find the most qualified expert witnesses to support your case. The process of vetting is vital, as an expert witness needs to be fair and objective. The expert should examine all available facts and not omit any relevant information in order to create an impression that favors the plaintiff or the defendant. This could lead to an untruthful or biased report that can be used against your claim.
Negotiating with Insurance Companies
If a claimant files an injury claim, he or she is seeking compensation for the damages they have suffered. These losses can include medical bills and lost income, as well as property damage and other expenses associated with the accident. Certain claims also cover non-economic damages, such as pain and discomfort. A lot of insurance companies have difficulty in determining a fair amount for these kinds of non-tangible injuries. A skilled injury lawyer can negotiate to ensure that adjusters take these damages into consideration when formulating settlement offers.
It is crucial to draft an organized demand letter along with supporting documents before the negotiation process begins. It is also important to be accompanied by your NYC personal injury lawyer present when discussing your case with the at-fault party, their lawyer or their insurance company. They will usually attempt to convince you to pay as little as they can. They might try to make use of medical issues unrelated to the accident, or other tactics, to reduce your settlement offer.
A skilled attorney can quickly determine the value of your case, and also avoid low settlements. They can also help you secure compensation for intangible damages such as pain and suffering and loss of enjoyment life, emotional stress and more. A NYC personal injury lawyer can also examine any documents provided 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 help you recover compensation, even if the fault in the accident was only a small part of the cause. New York law uses a model of pure comparative negligence which allows you to receive compensation from other parties at fault in proportion to their proportion of liability for your injuries.
Trial in the Court
While many personal injury cases are resolved without going to trial, there are occasions when a lawsuit is required. A New York personal injuries attorney has the knowledge and expertise to navigate the legal process to obtain an equitable settlement.
After You Tube and discovery process, the attorneys for both parties will be preparing for negotiations to reach a settlement. A mediator can be employed for this purpose, which is a meeting between opposing parties and an impartial third party who seeks to facilitate reconciliation. Lawyers might also be required to collect evidence, like police reports or incident reports and also interview witnesses. If the case involves a product they might have to store it or send it to non-destructive tests and ensure that any evidence is not lost.
Insurance companies will do anything to save money even if that means delaying a case. A New York personal injury lawyer is aware of the tactics commonly used and can help you avoid becoming victim to them.
Personal injury damages are intended to compensate you for your injuries, however they can be difficult to quantify. Economic damages, like lost income and medical bills, are easier to quantify, while non-economic damages like suffering and pain require the assistance from a medical professional who can prove the effect of your injuries on your life.
If the insurance company is not willing to negotiate a fair settlement, your attorney will make a complaint to the court and arrange a date for trial. Most personal injury lawyers operate on a contingency basis, meaning they only get paid if they receive compensation for you.