Personal Injury Attorneys
A personal injury lawyer 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 to secure the highest settlement.
Your lawyer will review evidence and may engage experts. They will question witnesses, take photographs of the scene and come up with theories to explain how the accident occurred.
Liability Analysis
Your personal injury attorney will investigate and determine the cause of any injuries you've suffered regardless of whether it was an accident at the wheel, a slip and fall or another harmful incident. They will collect evidence such as witness statements, accident reports, police reports medical records and more. They also collect visual evidence, such as photos and surveillance camera footage.
They will collaborate with experts who will provide an analysis of various issues. An expert witness may be required to investigate the circumstances that led to your injury and determine whether it was the result of the negligence of a defendant. Other experts could be called to testify about your medical requirements and future treatment. They will also assist in determining the damages you are entitled to claim for losses, including medical expenses and income loss, property damage, and discomfort and pain.
Personal injury lawyers also negotiate with insurance companies. They have tried strategies for leveraging evidence and convincing an insurance company to offer a fair settlement. They will monitor the time-limits, ensuring that they do not allow an insurance company to delay the process on your case.
If you are injured in a risky situation caused by an officer of the law or other officer, our New York City personal injury lawyers can pursue legal action to hold the department and the person responsible for violating your civil rights. New York law allows residents to bring suit for violations of basic civil rights, such as excessive force and unlawful restraint by the police officer. They may also file a claim against police misconduct if the officer uses excessive force in arresting suspects or killing innocent people.
Preparation for Trial
In personal injury cases the plaintiff must prove that they have the right to compensation for their injuries and that the actions of the other party are negligent. A skilled New York City personal injury attorney will assist with this process beginning with the initial investigation and filing of a lawsuit, to the preparation for trial.
During the discovery phase and during inspection, attorneys from both sides will discuss information about their respective claims. The legal team of the defendant might ask for, for instance, your medical records, other relevant documents, or your employment history. Your lawyer will be able to advise you on which requests are legal and which ones should be avoided.
The lawyers of the defendant may ask you to undergo an examination by a doctor of their preference. The examination could include questions about your limitations, your quality of living and your future earning potential. An experienced personal injury lawyer can help you prepare for the examination and ensure that it is conducted fairly.
A reputable NYC personal injury lawyer will also draft the document referred to as a Bill of Particulars, which is an official document that spells out in detail your injuries, the impact of the injuries on your quality of life and the amount of money you are entitled to. This document is often required before the trial starts.
The top personal injury attorneys are prepared for trial, even if you and your attorney are hoping to settle the case before you enter the courtroom. This includes preparing your witnesses, obtaining the evidence necessary for the case and getting yourself ready to testify in your defense in counter-examination or direct testimony.
Expert Witnesses
Expert witnesses are experts who can provide an independent view on a technical aspect of the case. Their professional opinion and experience can help jurors comprehend what transpired during an accident or injury. The law requires experts to have relevant knowledge or experience. This can be gained through a university degree or formal education, a long observation and actual knowledge or experience in their field.
Medical expert witnesses can offer insight and information to assist the jury and judge comprehend the complexities of medical cases. They can also be required to give testimony regarding the standards of medical care, medical errors, and the long-term impact of a medical issue.
Experts in accounting and finance can analyze the financial records of the accused, including assets, liabilities and cash flow, equity, and net income. They can also create an estimate of damages and assist with interrogations, depositions, legal testimony and settlement negotiations.
In cases involving defective building products or structures, engineering and manufacturing experts are often called in. Experts can explain the process by which a defective product was produced or explain how a design or construction defect could have caused injuries to victims.
A personal injury lawyer can help you find the best experts to back your claim. The process of vetting is crucial as an expert witness must be fair and objective. The expert should examine all relevant facts and not omit any relevant information to form a perspective that favors either the plaintiff or the defendant. This could lead to untrue or biased information which could be used against your claim.
Negotiating with Insurance Companies
If a person makes a claim for personal injury they seek compensation for their losses. These losses include medical expenses, lost income, property damage and other expenses that are a result of the accident. Some claims also include non-economic damages like suffering and pain. Insurance companies can be a challenge in finding a fair value for these intangible losses. An experienced injury lawyer can negotiate to ensure that adjusters take these issues into consideration when formulating settlement offers.
It is crucial to draft an organized demand letter along with supporting documents prior to the negotiation process begins. It is also important to have your NYC personal injury lawyer present in the meeting with the party at fault and their lawyer or insurance company. These parties will often attempt to convince you to pay the least amount they can. They might try to use previous medical conditions that are not related to the accident, or other methods to decrease the amount of settlement offered.
A competent attorney can quickly determine the value of your case, and also avoid low settlements. They can also assist you to receive compensation for the intangible damage, such as pain and discomfort, loss of enjoyment of your life, emotional distress and more. A NYC personal injury lawyer will also examine any documents provided to you by the insurance company to make sure they aren't stuffed with hidden clauses that could undermine your case.
A knowledgeable NYC personal injury attorney will be able to help you receive compensation for your losses, even if you were partially responsible for the accident. New York law follows a pure comparative negligence model, which allows you to seek compensation from other parties at fault in proportion to the percentage of responsibility they share for your injuries.
Prosecution in Court
While a lot of personal injury cases are resolved without trial, there are instances when a lawsuit is needed. A New York personal injuries attorney has the skills and experience to navigate the litigation process in order to obtain an appropriate settlement.
After the initial investigation and discovery process, the attorneys of both parties will prepare for negotiations to reach the terms of a settlement. A mediator could be used for this purpose. A mediator is a meeting between the adverse parties and an impartial third party who seeks to facilitate reconciliation. The lawyers may also have to secure evidence such as any incident reports or police reports as well as interview witnesses. If the case involves a product they might have to store it or send it to non-destructive tests and ensure that all evidence is 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 help you avoid these tactics.
injury and accident lawyer is designed to help you recover from an accident, however they can be difficult to determine. Economic damages like lost wages and medical bills are easier to calculate, but non-economic damages, like suffering and pain requires the help of a doctor who is able to verify your injuries.
If the insurance company refuses to settle for a fair amount, your attorney will file with a complaint and establish a trial date. Most personal injury attorneys are on a contingency basis and are only paid if they are able to recover compensation for you through settlement or a verdict.