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 be left out by negotiating to secure the highest settlement.
Your lawyer will analyze evidence and may engage experts. They will document the scene, interview witnesses and formulate theories about how the accident happened.
Liability Analysis
A personal injury lawyer will investigate and determine the reason for any injuries you've sustained whether it was from a car crash, a slip and fall, or any other hazardous event. They will gather evidence, such as witness statements, police and accident reports, as well as medical records. They also compile evidence of visual nature, such as photographs and surveillance camera footage.
They will work with expert witnesses to provide analysis and opinions on various issues. Expert witnesses could be required to analyze the circumstances that led to your injury and determine if it was caused by the negligence of a defendant. Other experts may be called to testify regarding your medical requirements and future treatment. They can also assist in determining the damages you can claim for loss, such as medical expenses as well as loss of income damages to property, discomfort and pain.
Personal injury lawyers also work with insurance representatives. They are able to use evidence and convince an insurer to provide a fair settlement. They will track the time-limits, ensuring that they do not allow an insurance company to delay the process on your case.
Our New York City personal injuries lawyers can take legal actions in the event of injury caused by police officers in a potentially dangerous situation. They will hold the department responsible and the individual accountable for violating your civil rights. New York law allows residents to sue for violations of their basic civil rights, including excessive force and unconstitutional restraint by the police officer. They may also bring an action for misconduct by a police officer when a police officer employs excessive force to arrest suspects or kills the innocent.
Preparation for Trial
In personal injury cases, the plaintiff must demonstrate that they are entitled compensation for their injuries, and that the actions of the other party are negligent. An experienced New York City personal injury lawyer can assist in this process beginning with the initial investigation, and the filing of a lawsuit, to the preparation for trial.
During the discovery and inspection phase the attorneys from both sides will exchange details about their respective claims. The legal team of the defendant could ask for, for instance, your medical records, other relevant documents, as well as your employment history. Your lawyer will tell you what requests are legal and which should be avoided.
The lawyers of the defendant may request you to undergo an examination by a physician of their choice. This examination can include questions about your physical limitations as well as the effects of your injuries on your quality of life and your potential earnings in the future. An experienced personal injury attorney can help you prepare for this exam and make sure that it is conducted fairly.
A reputable NYC personal injury lawyer will also prepare a document known as a Bill of Particulars, which is a legal document that sets out more fully your injuries, the consequences of those injuries on your life quality and the amount of money you are entitled to receive. The document is typically required prior to the commencement of the trial.
The top personal injury attorneys are prepared for trial, even when you and your lawyer hope to settle the case before you set foot in the courtroom. This includes preparation of witnesses, obtaining all evidence needed for the case, and preparing to testify on behalf of you during direct or cross-examination.
Expert Witnesses
Expert witnesses are experts who offer an independent opinion on a particular 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 some type of relevant education or knowledge in their field. This can be gained by obtaining a university degree, formal education, long observation and actual knowledge or experience in their field.
Medical expert witnesses can provide insight and information that can assist the jury and judge better understand the issues surrounding a case. They could be required to testify regarding standards of care, medical mistakes and the long-term effects of a condition.
Expert witnesses in accounting and finance can examine the financial records of a defendant, including assets, revenues, liabilities, net income, cash flow and equity. They can also create an estimate of damages and help with depositions, interrogations, settlement negotiations, and legal testimony.
In cases of defective building products or structures, engineering and manufacturing experts are often called in. These experts can explain to a victim the way in which a flawed design or product was made.
A personal injury attorney can assist you in finding the right expert witnesses to back your case. The process of vetting is crucial as an expert witness must be fair and objective. The expert should examine all relevant facts and not exclude any relevant facts to develop a perspective that favors either the plaintiff or the defendant. This could result in an unreliable or biased opinion that could be used against you.
Negotiating with Insurance Companies
When a person makes a claim for personal injury, they are seeking compensation for their losses. These losses include medical expenses, lost income, property damage and other expenses associated with the accident. Some claims also include non-economic damages like suffering and pain. A lot of insurance companies have difficulty in determining a fair amount for these types of intangible harms. However, a knowledgeable injury lawyer can negotiate with adjusters to ensure they take these harms into consideration when formulating their settlement proposals.
During negotiations, it is important to have a well-organized demand letter and supporting documents prepared. When discussing your case with the at-fault party's attorney, insurance company or their lawyer it is crucial to have a NYC personal injury attorney in attendance. These parties will often attempt to convince you to pay as little as they can. They might try to use the past medical conditions that aren't related to the accident or other tactics to reduce your settlement offer.
A skilled attorney for injuries can quickly determine what your case really worth, and avoid settlements that are low. They can also help you secure compensation for intangible damages like the pain and suffering as well as loss of enjoyment of life, emotional stress and more. A NYC personal injury lawyer can review any documents that are sent to you by the insurance company to ensure they do not contain hidden clauses that could affect your case.
A skilled NYC personal injury lawyer can assist you receive compensation for your losses, even if you were partially responsible for the accident. New York law follows a pure comparative negligence system, which allows you to claim compensation from other at-fault parties in proportion to the percentage of responsibility they share for your injuries.
Kent injury lawsuits in the Court
While many personal injury cases are settled without ever going to trial, there are times when a lawsuit is required. A New York personal injury attorney has the experience and skills to navigate the litigation process in order you get an equitable settlement for your claim.
Following the initial investigation after which both attorneys will prepare for a settlement negotiation. This is usually done by a mediator, who is a neutral third party who will meet with the opposing parties to attempt to help in facilitating reconciliation. The lawyers might also need to obtain evidence, like police reports or incident reports as well as interview witnesses. If the case involves a product they might have to store it or submit it for non-destructive testing and ensure that evidence is not lost.
Insurance companies are trying to cut costs on large policy payouts, and they'll use whatever tactics needed to do this, including delaying the case. A New York personal injury lawyer is aware of the tactics frequently used and can help you avoid becoming victim to them.
Personal injury compensation is designed to compensate you for your injuries, but they can prove difficult to determine. Economic damages, such as medical bills and lost income, are easier to quantify, whereas non-economic damages like suffering and pain need the help of a physician who can prove the effect of your injuries on your life.
If the insurance company is unwilling to settle a fair amount, your lawyer will file with a complaint and establish a trial date. The majority of personal injury lawyers operate on a contingency fee and are only paid if they are able to recover compensation for you through an agreement or verdict.