Personal Injury Attorneys
A personal injury attorney will investigate the accident, prove liability by the at-fault party and handle all negotiations with insurance companies on your behalf. They will make sure that you don't be disadvantaged by fighting for the highest settlement possible.
Your lawyer will go over the evidence and may hire an expert. They will interview witnesses, record the scene and develop theories to explain the cause of the accident.
Liability Analysis
If you've been in a car accident, slip and fall, or were the victim of another kind of dangerous event, your personal injury attorney will investigate the cause of your injuries and determine liability. They will collect evidence, including witness statements as well as police and accident reports, and medical records. They will also gather visual evidence such as photos or surveillance camera footage.
They will collaborate with experts who can provide analysis on different issues. Expert witnesses could be required to examine the circumstances of your injury and determine whether it was the result of a defendant's misconduct. Other experts may be brought in to testify about your medical issues and what future treatments you'll require. They can also help you determine what damages to claim for your expenses and losses including medical treatment as well as loss of earnings, property damage, and pain and suffering.
Personal injury attorneys can also bargain with representatives of insurance companies. They have tested strategies for leveraging evidence and convincing an insurance company to pay a fair settlement. They will keep track of the statute of limitations to ensure that the insurance company does not expire in your case.
If you've been injured in a risky situation at the hands of police officers, our New York City personal injury lawyers can take legal action to hold the police department and the individual responsible for violating your rights under the law. New York law allows residents to sue for violations of basic civil rights, including excessive force and unlawful restraint by the police officer. They can also pursue an action for misconduct by a police officer when a police officer uses excessive force to arrest a suspect or kills an innocent.
Preparation for the Trial
In personal injury cases the plaintiff must prove that they are entitled to compensation for their injuries and that the actions of the other party have been negligent. An experienced New York City personal injury lawyer can assist in this process beginning with the initial investigation, and the filing of an action to the preparation for trial.
During the discovery and inspection phase the attorneys from both sides will share information about their respective claims. The legal team of the defendant may, for example, request your medical records, as well as other relevant documents, and employment history. Your lawyer will guide you on which legal requirements are appropriate and what should be avoided.
The lawyers of the defendant might also ask you to be examined by a physician of their choice. The examination may include questions about your physical limitations and the effects of your injuries on your life quality and your future earnings potential. An experienced personal injury lawyer can help you prepare for this test and ensure that the examination is conducted with integrity.
A reputable NYC personal injury lawyer will also prepare what is known as a Bill of Particulars. This document is a legal document that describes your injuries, their impact on your lifestyle, and the amount of compensation you are entitled to. The document is usually required before the trial starts.
While you and your personal injury lawyer hope that the case will be settled before you step the foot in a courtroom the best lawyers are prepared for trial. This includes gathering witnesses, gathering all evidence needed to prove the case, and being prepared to testify on behalf of you in cross- or direct examination.
Expert Witnesses
Expert witnesses are professionals that offer an independent opinion on a specific technical aspect of the case. Their expertise and experience can help jurors better know what happened during an accident or injury. The law requires experts to have relevant knowledge or prior experience. This can be accomplished through formal education or a degree from a university, or through observation and experience over a long period of time.
Medical expert witnesses can offer information and insight to help the judge and jury comprehend the complexities of the medical case. They might be called to testify on standards of care, medical mistakes and the long-term effects of a condition.
Experts in finance and accounting can examine the financial records of the suspect and determine the amount of assets and liabilities as well as equity, cash flow and net income. They can also prepare an initial estimate of damages and help with interrogations, depositions, settlement negotiations, and legal testimony.
In cases of defective building structures or products manufacturing and engineering experts are often called in. These experts can explain how a defective product was made or how a building design or construction defect caused injuries to a victim.
A personal injury lawyer can help you locate the top experts to back your claim. The vetting procedure is important as an expert witness has to be impartial and fair. The expert must review all relevant facts and not omit any relevant facts to develop a perspective that favors either the plaintiff or the defendant. You Tube can lead to an unreliable or biased opinion that could be used against you.
Negotiating with Insurance Companies
When a claimant makes a personal injury claim the claimant is seeking compensation for the loss they have suffered. These losses include medical expenses, lost income, damage to property, and other expenses caused by an accident. Some claims involve non-economic damages like discomfort and pain. Many insurance companies have trouble finding a fair value for these kinds of non-tangible injuries. A skilled injury lawyer can negotiate to ensure that adjusters take these damages into consideration when preparing settlement offers.
It is crucial to draft a well-organized demand letter with supporting documents prior to the negotiation process begins. It is also crucial to bring your NYC personal injury attorney present when discussing your case with the person at fault or their lawyer, or with their insurance company. These parties are often seeking ways to pay you as little as they can. They may try to use medical issues from the past not related to the accident or any other tactic to decrease your settlement offer.
A skilled attorney for injuries will be able to quickly determine what your case truly worth, and thus avoid low settlements. They can also help you receive compensation for the intangible damage like discomfort and pain, loss of enjoyment of your life, emotional distress and many more. A NYC personal injury lawyer will also examine any documents provided to you by the insurance company to ensure that they do not contain hidden clauses that could compromise your case.
A knowledgeable NYC personal injury attorney can assist you recover compensation for your losses even if you are partially to blame for the accident. New York law uses a model of comparative negligence that is pure, which permits you to recover compensation from the other parties responsible in proportion to their proportion of liability for your injuries.
Prosecution in Court
There are instances when a lawsuit may be required. While the majority of personal injury cases end up being settled without ever having to go to court, there are some instances where a lawsuit will be required. A New York personal injury attorney has the knowledge and experience to navigate the litigation process in order that you receive an equitable settlement for your claim.
Following the initial investigation and discovery process, attorneys for both parties will work together the negotiation of the terms of a settlement. This can be accomplished by a mediator, who is a neutral third party who will meet with the opposing parties to attempt to help them reach a settlement. The lawyers might also need to secure evidence such as incident or police reports, and also interview witnesses. If the case involves a specific product, they might need to store it or send it to nondestructive testing in order to ensure that any evidence is not lost.
Insurance companies will do whatever it takes to save money even if it means putting off a case. A New York personal injuries lawyer can help you avoid these tactics.
Personal injury damages are designed to help you recover from an accident, but they can be complicated to determine. Economic damages, such as lost income and medical bills are simpler to quantify, whereas non-economic damages like pain and suffering need the help of a doctor who can substantiate the impact of your injuries on your life.
If the insurance company refuses to settle for a fair amount, your lawyer will file with the court a complaint and set an appointment for trial. Most personal injury lawyers operate on a contingency basis, which means that they only get paid if they receive compensation for you.