Personal Injury Attorneys
A personal injury attorney will investigate the incident, prove liability by the party responsible and handle all negotiations with insurance companies on your behalf. They will ensure that you don't lose out by pursuing the highest settlement or verdict possible.
Your lawyer will examine the evidence and may hire an expert. They will interview witnesses, take photographs of the scene and develop theories to describe the circumstances of the accident.
Liability Analysis
If you've been in a car accident, slip and fall, or were the victim of another kind of a dangerous incident Your personal injury lawyer will examine the causes of your injuries and determine the liability. They will collect evidence, including witness statements, police and accident reports, and medical records. You Tube will also collect visual evidence such as photos or footage from surveillance cameras.
They will work with experts who will give an analysis of different issues. Expert witnesses may be required to investigate the circumstances surrounding your injury and determine if it was caused by an act of a defendant. Other experts may be brought to testify regarding your medical requirements and the future treatments you'll require. They can also assist you to determine the right amount of compensation to claim for your losses and expenses like medical treatment, loss of earnings, property damage and suffering and pain.
Personal injury lawyers also negotiate with insurance representatives. They are able to use evidence and convince insurance companies to settle the case in a fair manner. They will be monitoring the statute of limitations to ensure that the insurance company doesn't have to wait too long to settle your case.
If you've been injured in a potentially dangerous situation caused by a police officer, our New York City personal injury lawyers can initiate legal action to hold the department accountable for violating your civil rights. New York law allows residents to sue for violations of their civil rights, including excessive force and unlawful restraint by a police officer. They may also file a claim against police misconduct if the officer uses excessive force when the arrest of a suspect or in killing innocent.
Preparation for Trial
In personal injury cases, the plaintiff must prove that they are entitled to compensation due to their injuries, and that a party's actions were negligent. An experienced New York City personal injury attorney will assist with this procedure, from the initial investigation and filing an action to the preparation for trial.
During the discovery and inspection phase lawyers from both sides will exchange details about their respective claims. For example the legal team of the defendant may request medical records as well as other pertinent documents, including your employment background. Your lawyer will guide you on what legal requirements are appropriate and which are to be avoided.
The lawyers for the defendant could also require you to be examined by a physician of their preference. The examination may include questions about your physical limitations and the impact of your injuries on your life quality and the potential for your future earnings. An experienced personal injury attorney can help you prepare for this exam and ensure that the examination is conducted with integrity.
A good NYC personal injury lawyer will also draft the document referred to as a Bill of Particulars, which is legal document that spells out in detail your injuries, the consequences of these injuries on your quality of life and the amount you are entitled to. The document is typically required prior to the trial beginning.
While you and your personal injury lawyer hope that the case will settle before you step foot in a courtroom, the best lawyers are prepared for trial. This includes gathering witnesses, gathering any evidence that is necessary to prove the case, and preparing to testify for you in court, whether it is cross- or direct.
Expert Witnesses
Expert witnesses are professionals who offer an independent opinion on a specific technical aspect of the case. Their professional opinion and expertise can help jurors understand what happened during an accident or injury. The law requires that experts have a certain amount of relevant education or experience in their field. This can be achieved through an education that is formal or a degree from a university, or through observation and experience over a long period of time.
Medical experts can provide information and insight to assist jurors and judges to understand the complicated issues that surround a medical case. They can also be required to testify on the standard of medical care, medical errors and the long-term effects of a medical issue.
Experts in finance and accounting can review the financial records of an suspect, including assets and liabilities, equity, cash flow and net income. They can also provide a preliminary estimate of damages and help with interrogations, depositions, settlement negotiations, and legal testimony.
In the event of defective construction structures or products, engineering and manufacturing experts are often called in. These experts can explain the process by which a defective product was made or explain how a design or construction defect caused injuries to a victim.
A personal injury lawyer will help you find the best experts to back your claim. The vetting procedure is important, as an expert witness has to be impartial and fair. The expert must examine all relevant facts and not omit relevant information in order to construct an impression that favors the plaintiff or the defendant. This can lead to untrue or biased information which could be used against your claim.
Negotiating with Insurance Companies
When a claimant makes a personal injury claim, he or she is seeking compensation for the loss they have suffered. These losses include medical expenses loss of income, damages to property, and other expenses associated with an accident. Certain claims also cover non-economic damages like pain and discomfort. A lot of insurance companies have difficulty in determining a fair amount for these kinds of non-tangible injuries. However, a skilled lawyer for injury can negotiate with adjusters to ensure they take these risks into account when formulating their settlement offers.
During the negotiation process it is essential to have an organized demand letter and other supporting documents prepared. It is also important to bring your NYC personal injury attorney present in the meeting with the at-fault party or their lawyer, or with their insurance company. These parties are often seeking ways to make your settlement as low as they can. They may try to make use of previous medical conditions that are not related to the accident, or other strategies to decrease the amount of settlement offered.
A competent attorney can quickly determine the worth of your case, and also avoid low settlements. They can also help you obtain compensation for the intangible damage like pain and suffering and loss of enjoyment life, emotional distress and more. A NYC personal injury lawyer will also examine any documents provided to you by the insurance company to ensure they don't contain hidden clauses which could undermine your case.
A NYC personal injury lawyer will be able assist you in obtaining compensation, even if your responsibility for the accident was only a small part of the cause. New York law follows a pure comparative negligence model which permits you to pursue compensation from the other parties at fault in proportion to the percentage of the responsibility they share for your injuries.
Prosecution in Court
There are instances where a lawsuit might be required. While the majority of personal injury cases settle without ever going to the courtroom, there are situations where a lawsuit may be necessary. A New York personal injuries attorney has the expertise and experience to navigate the legal process to get a fair settlement.
After the initial investigation and discovery process, the attorneys of both parties will be preparing the negotiation of a settlement. A mediator may be used to facilitate this process, which is a meeting between adverse 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 interview witnesses. If the case involves a product, they might have to store it or submit it for non-destructive testing, and ensure that all evidence is lost.
Insurance companies are seeking to cut costs on huge policy payouts and 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.
Personal injury compensation is designed to compensate you for your injuries, however they can be difficult to calculate. Economic damages like medical bills and lost wages are easier to calculate, however non-economic damages, like suffering and pain requires the help of a physician who can verify your injuries.
If the insurance company isn't willing to offer a reasonable settlement, your lawyer will file a complaint with the court and arrange the date for trial. Most personal injury lawyers are on a contingent basis, which means that they only get paid if they receive compensation for you.