Personal Injury Attorneys
A personal injury attorney will investigate the accident, prove liability by the party responsible and handle all negotiations with insurance companies on your behalf. They will make sure you don't get short-changed, fighting for the highest settlement or verdict possible.
Your lawyer will review evidence and may engage experts. They will interview witnesses, record the scene and develop theories to explain how the accident occurred.
Liability Analysis
A personal injury lawyer will investigate and determine the root of any injuries you have suffered, whether it was an accident in the car, a slip and fall, or another hazardous event. They will collect evidence, including witness statements as well as accident and police reports, and medical records. They also compile visual evidence, such as photos and surveillance camera footage.
They will collaborate with expert witnesses who can offer analysis and opinions on various issues. Expert witnesses may be required to examine the circumstances surrounding your injury and determine if it was caused by the negligence of a defendant. Other experts may be brought to testify on your medical issues and what future treatments you'll require. They will also help determine the damages you can claim for your losses, such as medical expenses as well as loss of income damages to property, pain and discomfort.
Lowell can also negotiate with representatives of insurance companies. They have tried out strategies for leveraging evidence and persuading an insurance company to pay an appropriate settlement. They will be monitoring the statute of limitation to ensure that the insurance company doesn't run out of time in your case.
If you've been injured in a dangerous situation by a police officer or other officer, our New York City personal injury lawyers can initiate legal action to hold the department and the individual responsible for violating your rights under the law. New York law allows residents of the state to bring suit for violations, such as excessive force or unlawful restraints imposed by a policeman. They may also bring a claim for police misconduct when an officer uses excessive force to arrest a suspect or kills innocent.
Preparation for the Trial
In personal injury cases, the plaintiff must demonstrate that they have the right to compensation for their injuries, and also prove that the actions of the other party are negligent. A skilled New York City personal injury attorney will assist with this procedure starting with the initial investigation and filing a lawsuit, to the preparation for trial.
During the discovery phase and during inspection, attorneys from both sides will share details about their respective claims. The legal team of the defendant may ask for, for instance, your medical records, other relevant documents, and the history of your employment. Your lawyer will guide you on what legal requirements are appropriate and which ones should be avoided.
The attorneys of the defendant may also request that you submit to an examination by a physician they choose. The exam may contain questions regarding your physical limitations and the effects of your injuries on your quality of life, and your future earnings potential. A seasoned personal injury lawyer can prepare you for this test and ensure that the examination is conducted fairly.
A good NYC personal injury lawyer will also draft what is referred to as a Bill of Particulars. This document is a legal document which describes your injuries, their impact on your quality of living and the amount of compensation you are entitled to. The document is usually required before the trial starts.
The most effective personal injury lawyers are prepared for trial even when you and your lawyer are hoping to settle the case before you set foot in the courtroom. This includes preparing your witnesses, obtaining the evidence needed for the case, and making yourself available to testify in your defense in counter-examination or direct testimony.
Expert Witnesses
Expert witnesses are professionals that can give an independent opinion on a particular technical aspect of the case. Expert witnesses' professional opinions and expertise will help jurors comprehend what happened at the time of an accident or injury. The law requires that experts have some type of education or expertise in their specialization. This is accomplished through a university degree, formal education, long observation and actual experience, or extensive practice in their profession.
Medical expert witnesses are able to provide insight and details that will assist the jury and judge better understand the issues surrounding the case. They could be asked to testify about the standard of care, medical errors and the long-term consequences of a medical condition.
Experts in finance and accounting can analyze the financial records of an accused and determine the amount of assets and liabilities and cash flow, equity, and net income. They can also help with depositions, legal witness, settlement negotiations, and interrogations.
In the event of defective construction products or structures, engineering and manufacturing experts are often called in. Experts from these fields can inform a victim the way in which a flawed design or product was created.
A personal injury lawyer will help you find the best experts to back your claim. The vetting procedure is important because an expert witness must be fair and objective. The expert should be able to examine all relevant facts and not omit relevant information to create a perspective which favors either the plaintiff, or defendant. This can result in an untruthful or biased report that could be used against you.
Negotiating with Insurance Companies
When a claimant makes a claim for personal injury they seek compensation for their losses. These losses can include medical bills as well as lost income, property damage and other expenses that are a result of the accident. Certain claims also include non-economic damages like pain and suffering. Insurance companies often have difficulty in determining a fair amount for these types of intangible damages. However, a skilled lawyer for injury can negotiate with adjusters to ensure they take these damages into consideration when preparing their settlement proposals.
It is crucial to draft an organized demand letter and supporting documents before the negotiation process begins. It is also important to bring your NYC personal injury lawyer present during the discussion with the at-fault party or their lawyer, or with their insurance company. These parties are often looking for ways to make your settlement as low as possible. They may try to make use of previous medical conditions that are not related to the accident or other strategies to decrease your settlement offer.
A knowledgeable attorney can swiftly determine the true worth of your case and help you avoid low settlements. They can also assist you to get compensation for damages that are not tangible like pain and suffering and loss of enjoyment life, emotional distress and more. Furthermore, a knowledgeable NYC personal injury lawyer can examine any documents insurance companies send you to make sure that they do not contain any hidden clauses that could impede your case.
A skilled NYC personal injury lawyer can assist you recover compensation for your losses even if you are partially to blame for the accident. New York law uses a model of pure comparative negligence, which allows you compensation from other parties who are at fault in proportion to their percentage of liability for your injuries.
Trial in the Court
There are times when a lawsuit could be required. While most personal injury cases end up being settled without ever having to go to the courtroom, there are instances where a lawsuit will be required. A New York personal injury attorney has the expertise and experience to manage the litigation process to ensure you get a fair settlement for your claim.
Following the initial investigation, both attorneys will prepare for the settlement negotiation. A mediator may be used for this purpose. A mediator is a meeting between the adverse parties and a neutral third party who attempts to facilitate a reconciliation. The lawyers may also have to obtain evidence, such as any incident reports or police reports and interview witnesses. If the case involves a product they may have to store or submit it for non-destructive testing and ensure that all evidence is lost.
Insurance companies will do anything to save money, even if it means delaying a case. A New York personal injuries lawyer can help you avoid these tricks.
Personal injury damages are intended to compensate you for your injuries, however they can prove difficult to determine. Economic damages such as lost wages and medical bills are simpler to calculate, but non-economic damages, like suffering and pain is dependent on the assistance of a physician who can verify your injuries.
If the insurance company is not willing to provide a fair settlement, your lawyer will submit a claim to the court and schedule the date for trial. Most personal injury attorneys operate on a contingency fee, so they only get paid if they receive compensation for you via a settlement or verdict.