Personal Injury Attorneys
A personal injury attorney will investigate the accident and establish liability for the at-fault party and handle all negotiations with insurance companies on your behalf. They will ensure you don't suffer any unfair treatment, fighting for the highest amount of settlement or verdict.
Your lawyer will examine the evidence and may employ an expert. They will interview witnesses, take photographs of the scene, and formulate theories to explain the cause of the accident.
Liability Analysis
If you've been injured in a car accident or slip and fall or suffered from another type of dangerous event the personal injury lawyer will investigate the cause of your injuries and determine the liability. They will collect evidence such as witness statements, accident reports, police reports, medical records and more. They also compile evidence of visual nature like images and footage from surveillance cameras.
They will work with experts who will provide analysis on different issues. For example, an expert may be required to determine the circumstances that led to your injury and whether it was caused by the defendant's negligent conduct. Other experts could be brought to testify regarding your medical issues and what you'll require in the future. They will also help determine the damages you are entitled to claim for your loss, such as medical expenses as well as loss of income, property damage, and discomfort and pain.
Personal injury attorneys also negotiate with insurance representatives. They know how to use evidence and convince an insurer to offer a fair settlement. They will monitor the time-limits, ensuring that they don't let an insurance company delay the process on your case.
Our New York City personal injuries lawyers can initiate legal proceedings in the event of injury caused by an officer of the police in a potentially dangerous situation. They will hold the police department responsible and the officer accountable for violating your civil right. New York law allows residents to sue for violations of basic civil rights, including excessive force and unlawful restraint by an officer of the police. They may also bring the police for misconduct when a police officer employs excessive force to detain an individual or kills innocent.
Preparation for the Trial
In personal injury cases, the plaintiff must prove that they are entitled compensation for their injuries, and that the actions of the other party were negligent. A New York City personal attorney with experience in this area can guide you through the entire process, from the initial investigation through to the filing of a suit and the preparation for trial.
During the discovery and inspection phase the attorneys from both sides will share information regarding their respective claims. For instance the legal team representing the defendant might ask for your medical records as well as other pertinent documents, including employment background. Your lawyer will tell you what requests are legal and which should be avoided.
The defendant's lawyers may also request you to undergo an examination by a doctor of their choice. This examination may include questions about your limitations, your standard of living and your future earning potential. An experienced personal injury lawyer can prepare you for the exam and ensure it is conducted fairly.
A good NYC personal injury lawyer will also draft what is known as a Bill of Particulars. This document is a legal document that describes your injuries, their impact on your quality of living, and the amount of compensation you are entitled to. The document is usually required prior to the commencement of the trial.
The most effective personal injury lawyers are prepared for trial even the case that you and your attorney want to settle the matter before you set foot in the courtroom. This includes preparing witnesses, gathering the evidence required to prove the case and making yourself available 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 a case. Their professional opinion and expertise can assist jurors in understanding what transpired at the time of an accident, or injury. The law requires that experts possess some form of education or knowledge in their area of expertise. This can be achieved through an education that is formal, a degree from a university or through long-term observation and experience.
Medical expert witnesses can provide insight and information that can assist the jury and judge to better understand the issues in the case. They can also be called upon 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 examine the financial records of the suspect and determine the amount of assets, liabilities as well as cash flow, equity, and net income. They can also provide a preliminary estimate of damages and help in depositions, interrogations settlement negotiations and legal testimony.
Expert witnesses in manufacturing and engineering are frequently utilized in cases which involve structural or defective products in construction sites. Experts can provide a victim with an explanation of how a flawed building design or product was constructed.
A personal injury lawyer can assist you in finding the right expert witnesses to support your case. The process of vetting is crucial because an expert witness must be impartial and fair. The expert should be able to examine all relevant facts and not omit relevant information in order to construct an impression that favors the plaintiff or the defendant. This can result in an unreliable or biased report that could be used against you.
Negotiating with Insurance Companies
When a claimant makes an injury claim, the claimant is seeking compensation for the losses they have suffered. These losses include medical expenses and lost income, as well as property damage and other expenses associated with the accident. Some claims involve non-economic damages, like pain and discomfort. Insurance companies often have difficulty finding a fair value for these non-tangible damages. However, a skilled injury lawyer can negotiate with adjusters to ensure they take these damages into account when formulating their settlement offers.
It is important to prepare a well-organized demand letter with supporting documents prior to the negotiation process. When discussing your case with the at-fault party's lawyer, insurance company or their lawyer, it is important to have an NYC personal injury lawyer present. They are usually looking for ways to make your settlement as low as they can. They might try to make use of medical issues that are not connected to the accident or other tactics to decrease your settlement offer.
A skilled attorney can quickly determine the true worth of your case and avoid low settlements. They can also help you obtain compensation for damages that are not tangible that include discomfort and pain and loss of enjoyment in your life, emotional stress, and many more. Furthermore, a knowledgeable NYC personal injury lawyer can look over any documents that the insurance company sends you to make sure that they don't contain hidden clauses that could compromise your case.
A NYC personal injury lawyer will be able help you recover compensation, even if your responsibility for the accident was only a part of the blame. New York law uses a model of pure comparative negligence which permits you to recover compensation from the other parties responsible in proportion to their share of liability for your injuries.
Trial in Court
There are occasions where a lawsuit might be required. While most personal injury cases end up being settled without ever having to go to court, there are situations when a lawsuit might be required. A New York personal injury attorney has the expertise and experience to navigate the litigation process so you get an appropriate settlement for your claim.
Following the initial investigation the attorneys will then prepare for the settlement negotiation. This is usually done by a mediator, who is a neutral third party who meets with the opposing parties in order to help in facilitating reconciliation. The lawyers might also need to secure evidence such as any incident reports or police reports and interview witnesses. If the case involves a specific product, they might need to store it or submit it to nondestructive testing to ensure that any evidence is not lost.
Insurance companies will do anything to save money, even if it results in delaying the case. A New York personal injuries lawyer can help you avoid these tricks.
Personal injury damages are designed to compensate you for your losses following an accident, but they can be difficult to determine. Chino injury attorneys as medical bills and lost wages are easy to calculate, however non-economic damages, such as suffering and pain requires the help of a doctor who can verify your injuries.
If the insurance company is not willing to negotiate a fair settlement, your lawyer will make a complaint to the court and set the date for trial. The majority of personal injury lawyers are on a contingent basis, which means that they only get paid when they win compensation for you.