A personal injury lawyer can help you recover compensation for your out of pocket costs, including medical bills, prescription costs, lost income and more. They can also recover compensatory damages such as pain and suffering and diminished enjoyment of life.
To assess your damages, a New York City Branson Woodlaw personal injury attorney will request your medical records and income loss documentation. They will also prepare interrogatories and depositions.
Liability Analysis
Whether you have been injured in an accident, by a defective product or by medical malpractice, personal injury lawyers help clients pursue fair compensation for their losses. They will investigate your case, document evidence, and establish liability against liable parties for the cost of your present and future medical expenses, lost wages, property damage and pain and suffering.
Liability is established when it can be proven that the defendant’s carelessness or intentional acts caused your harm. This is called legal causation, and it is an essential element of personal injury law. In accidents, legal causation can be proved through police reports, pictures of the scene of an incident, witness testimony and medical records. In cases involving a defective product, a personal injury lawyer will use information about the manufacturer, including the product’s history and its labeling.
Personal injury lawyers are typically civil lawyers, and they work on a contingency basis. This means they are paid a percentage of the money they recover for their clients. Many lawyers choose to specialize in a specific area of personal injury law, which helps them acquire specialized knowledge and experience.
If you have been hurt by someone else’s careless or intentional actions, search LawInfo’s legal directory for a qualified personal injury attorney near you. Then, you can schedule a free consultation to discuss your case with an attorney.
Preparing for Settlement or Trial
After reviewing the details of your case, your attorney will help you determine the amount of compensation that you are owed for your damages. They will take into account your future medical expenses, pain and suffering, loss of income and wages and property damage. They may also consult with experts to find out the true cost of your accident-related injuries.
Personal injury lawyers know how to negotiate with insurance companies to get the best settlement for their clients. They can also avoid making common mistakes that could jeopardize their client’s claim. If you decide to accept a settlement, your lawyer will handle all communication with the insurance company and their legal team on your behalf.
If settlement negotiations fail, or the at-fault party refuses to offer a reasonable settlement, your attorney will file a lawsuit against them. This document, called a complaint, states the reasons that they are liable for your injury and specifies the amount of compensation that you are seeking.
Most personal injury attorneys work on a contingency basis, which means they don’t charge you anything upfront and only receive their fee when they win your case. This gives them more incentive to fight for the highest possible settlement or court award on your behalf. They will be able to explain this arrangement to you in more detail during your initial meeting.
Negotiating with Insurance Companies
In many personal injury cases, a settlement must be negotiated with an insurance company. A lawyer’s extensive experience with these companies gives them a better chance of negotiating a fair settlement for their client. They know how to approach the insurer’s legal team and how to handle each step of the process. They can also take care of all other communications with the insurance provider, so their client doesn’t make a mistake that could jeopardize their claim.
A NYC personal injury attorney will gather information about your accident and injuries, including past medical expenses, projected future medical expenses, and other losses you have suffered, such as loss of income or wages from missing work due to the accident and related health conditions. They will use pay stubs, tax records, and other documents to help the insurance company understand your total losses.
The goal is to demonstrate that you deserve maximum compensation for your damages and losses, both economic and non-economic. Non-economic losses include physical aches and limitations, scarring, loss of enjoyment of life, mental anguish such as anxiety and depression, and other psychological impacts. In wrongful death cases, compensation may also cover funeral and burial costs, loss of financial support from a deceased family member, and loss of companionship, guidance, love, and affection. A personal injury lawyer can use their impressive knowledge of personal injury law and skilled communication skills to help you get the maximum compensation possible in your case.
Meeting with Expert Witnesses
In personal injury cases involving complex medical, scientific or technical topics, expert witnesses are often required to help judges and juries understand the issues at hand. Your attorney will have a network of reliable local experts they can call upon to support your case. These individuals may include accident reconstruction experts, engineers, mental health professionals, doctors, financial experts, forensic accounting specialists and vocational rehabilitation experts.
For example, if your case involves a brain injury, your lawyer will probably retain a neurosurgeon to examine your medical records and MRIs to provide their professional opinion on the severity of your injuries and how they will impact your quality of life in the future. If your case focuses on lost earning potential, a vocational expert will examine your medical records to form an opinion on whether your injuries will keep you from returning to your previous career or making other employment choices.
Expert witnesses are typically compensated for their time spent testifying, and sometimes for their consultations with attorneys or preparing for trial. They are also reimbursed for travel expenses to and from court. The cost of expert witnesses can add up quickly, but your personal injury lawyer will know if they are necessary and appropriate for your specific situation. If they are not, your lawyer will explain why.