A personal injury attorney is trained to review the facts of your case and determine who may be held liable. They will also help you understand your medical treatment prognosis and keep track of all out-of-pocket expenses.
In addition to proving liability, a skilled New York personal injury lawyer will work tirelessly to secure the maximum compensation for your damages. This includes compensatory and punitive damages.
Gathering Evidence
A personal injury attorney can help you navigate the complexities of a legal claim for compensation. One of the most critical aspects of any legal case is gathering and presenting evidence to support your claims. Evidence is anything that proves a fact and can include eyewitness testimony, photographs of the accident scene and property damage, medical documents, employment and income records, and even expert witnesses.
The sooner you begin collecting and preserving evidence for your case, the better. Some pieces of evidence may disappear or become unreliable over time. For example, witness memory of an incident typically becomes more skewed in the hours and days following an accident, so it’s important to gather witness information immediately.
Photographs, for example, can tell a story about the incident and help a jury understand how severe an accident was. If you have a cell phone camera, use it to take photos of the accident scene, any injuries you sustained, and other relevant information. You should also write down what you remember about the incident, as it can be difficult to recall details at a later date.
Medical records are an essential part of any personal injury case because they can link the cause of your injuries to an incident. Your medical bills and receipts are also important because they show how your injuries have impacted your life. Your attorney can also request letters from your employer to tally the economic damages you have suffered.
A police report can be crucial in many types of harmful accidents, including car crashes, workplace accidents, and slip and fall incidents. These reports contain valuable information, including a description of the accident and opinions about who was responsible. If you can’t find a police report, your lawyer can often file a lawsuit to obtain one.
Other forms of physical and documentary evidence include torn or bloodied clothing, receipts for any equipment you need to assist in your recovery (such as a wheelchair or crutches), and any other documentation that supports your claim for damages. If an object was a contributing factor to your injuries, save the item, its packaging, and instructions. Your attorney can then consult with an expert to determine whether the object was defective.
Liability Analysis
A personal injury lawyer has a responsibility to investigate the details of your case and identify all individuals and entities whose wrongful conduct contributed to your injuries. This includes drivers (especially if they were working in connection with their job at the time of an accident), companies that manufacture or distribute vehicles or other goods, property owners, and even government entities (such as when a dangerous road condition causes a crash).
Moreover, if your injuries were caused by medical malpractice, nursing home abuse, or other types of negligence, your personal injury attorney should have access to expert consultants who can help you determine the extent of your damages. A good Manhattan personal injury lawyer will also be familiar with state law governing these matters and the relevant precedents.
The law governing personal injury claims is extremely broad. A successful claim requires proving that the offending party owed you a duty of care, that they breached that duty, and that this breach caused damage or injury. This can be difficult to prove, especially when it involves an accident with no visible injuries or immediate medical needs.
Giordano Law Offices, PLLC, has been representing clients in personal injury cases for over 60 years. Its attorneys have experience handling claims involving car accidents, construction site accidents, medical malpractice, and other negligence matters. The firm’s lawyers are committed to ensuring that its clients receive the compensation they deserve for their injuries and losses.
Another firm that advocates for victims of personal injury is Hach & Rose, LLP. It has more than 100 lawyers who focus on civil trials and litigation, including personal injury, employment, and insurance law. The firm handles cases involving medical malpractice, car crashes, and wrongful death. The attorneys also handle civil rights and civil liberties issues.
In addition to their extensive legal training and years of experience, many personal injury lawyers are board-certified in the area of civil trial law. This credential indicates that the lawyer is an experienced trial attorney with a high level of professional excellence. It also helps prospective clients determine if an attorney is well-suited to their case.
Negotiating with Insurance Companies
One of the most challenging aspects of a personal injury claim is negotiating with insurance companies. These corporations prioritize profit and will try to settle your case quickly and pay as little as possible. This is why having an experienced attorney to represent you and negotiate your settlement is essential to ensuring that you receive a fair offer for your injuries and losses.
After gathering all the relevant evidence, your attorney will prepare a detailed demand letter to submit to the insurance company. In this document, they will outline your case, present the evidence you’ve gathered, and propose a specific settlement amount that would be in your best interest to accept. By remaining calm and confident during negotiations, your attorney can help you achieve a better settlement.
Your attorney will also provide documentation to support your claim, including medical records, receipts for out-of-pocket expenses, photographs of your damages, and proof of any lost wages or services you’ve had to forgo (such as lawn mowing or child care). Your attorney will also review your insurance policy to ensure that the claim is within your coverage limits.
Once the insurance company receives your demand letter, they will usually make a counter-offer that may be higher or lower than the amount you requested. Your attorney will work tirelessly to push for a settlement that is in your best interests and reflects the true value of your case.
If the insurer still refuses to offer a reasonable settlement, your lawyer will file a lawsuit on your behalf. This step requires a thorough pre-filing investigation to ensure that the lawsuit you’re filing is not frivolous, which can expose you and your attorney to sanctions from the court.
Filing a lawsuit is expensive and time-consuming, but it’s often necessary to get a fair settlement from an insurance provider. Fortunately, your attorney will be prepared to take this on and will be able to handle all the complicated legal details of the process so you can focus on recovering from your injuries.
Filing a Lawsuit
If settlement negotiations fail or the insurance company does not offer a satisfactory amount of compensation, your lawyer will file a lawsuit against the at-fault party. This legal document, commonly called a complaint, will lay out the reasons why you believe the defendant is liable for your injury and specify how much compensation you are seeking.
After filing the complaint, your lawyer will request that the defendant be served with a summons to respond within a set time frame. The summons typically includes a notice that you will be bringing a claim against them for damages and requests that they provide certain information and documents to you. Your lawyer may also consult with the defendant’s attorney to discuss possible defense strategies and counterclaims.
As the discovery process begins, your personal injury attorney will likely hire an expert to evaluate your injuries and the evidence in your case. The expert will examine your medical records, conduct a physical examination, and take statements from you and any witnesses you have. Your lawyer will also use any available documentation of your losses to calculate the value of your damages. This can include tangible costs such as hospital bills and property damage. But it can also include intangible losses such as future income you could have earned if not for your injuries and the emotional, mental, and physical anguish that they caused you.
Your personal injury attorney will also help you navigate the stress and pressure of a court setting. They will coach you on what to say, how to say it, and when to say it, so you do not inadvertently make a statement that could be used against you in your case. They will also protect you from compromising your rights to fair and reasonable compensation by warning you against accepting any offers or deals from the insurance companies.
Your attorney will work tirelessly to build a strong case for you and present it in the most persuasive manner. They will be your voice in the courtroom and fight for you to get all of the damages that you deserve.
