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Personal Injury Attorneys An attorney for personal injury will investigate the accident and determine the responsibility of the other party. They will also handle all negotiations on your behalf with the insurance companies. They will make sure that you don't be disadvantaged by fighting for the best settlement possible. Your lawyer will examine the evidence and may employ an expert. They will take photographs of the scene, interview witnesses and develop theories about how the accident occurred. Liability Analysis If you've been involved injured in a car accident, slip and fall, or were the victim of another kind of a dangerous incident, your personal injury attorney will investigate the cause of your injuries and determine liability. They will gather evidence, such as witness statements and accident reports, police reports, medical records and so on. They also collect visual evidence including images and footage from surveillance cameras. They will work with experts who will give an analysis of different issues. An expert witness may be required to examine the circumstances that led to your injury and determine whether it was caused by the negligence of a defendant. Other experts could be called in to testify about your medical needs and what you'll require in the future. They can also help you determine the amount of damages you can claim for your losses and expenses like medical treatment and loss of earnings, property damage, pain and suffering. Personal injury lawyers are able to negotiate with representatives of insurance companies. They have tested strategies to leverage evidence and convince an insurer to pay an appropriate settlement. They will monitor the statute of limitations, ensuring that they don't allow an insurance company to delay the process on your case. If you are injured in a dangerous situation caused by an officer of the law, our New York City personal injury lawyers can pursue legal actions to hold the department and the person 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 illegal restraints by a policeman. They may also bring a case against police misconduct when an officer uses excessive force in arresting suspects or killing the innocent. Preparation for the Trial In personal injury cases, the plaintiff has to prove that they are entitled to compensation due to their injuries and that another party's actions were negligent. A New York City personal attorney with expertise in this area will help you through the entire process starting with the initial investigation to the filing of a lawsuit and the preparation for trial. During the discovery and inspection phase the attorneys from both sides will exchange information about their respective claims. For instance the legal team of the defendant might request your medical records and other relevant documents, such as employment background. Your lawyer will tell you what requests are legal and which ones should be avoided. The attorneys of the defendant may also request that you undergo an examination by a doctor they choose. You Tube may include questions regarding your limitations, your quality of life, and your earning potential. A seasoned personal injury lawyer can help you prepare for this examination and ensure that it is conducted with integrity. A reputable NYC personal injuries lawyer will also draft what is referred to as a Bill of Particulars. This document is a legal document that details the severity of your injuries, their effect on your living standards and the amount of compensation you are entitled to. This document is usually required prior to the trial beginning. The top personal injury attorneys are prepared for trial, even if you and your attorney are hoping to settle the case before you step foot into the courtroom. This includes preparing witnesses, gathering the evidence necessary for the case and making yourself available to be a witness in the event of a counter- or direct examination. Expert Witnesses Expert witnesses are professionals who can provide an independent opinion on the technical aspects of an instance. Their expertise and experience can help jurors understand what happened in the event of an accident or injury. The law requires that experts have a certain amount of relevant education or knowledge in their specialization. This can be achieved through an education that is formal, a university degree or through long-term observation and experience. Expert witnesses from medical experts can provide information and insight to assist the jury and judge to understand the complicated issues that surround medical cases. They may be called to testify on standards of care, medical errors and the long-term effects of a medical condition. Experts in accounting and finance can examine the financial records of the suspect and determine the amount of assets and liabilities and equity, cash flow and net income. They can also prepare an initial estimate of damages and help in depositions, interrogations settlement negotiations, and legal testimony. In the event of defective construction products or structures manufacturing and engineering experts are often called in. These experts can explain how the product was defective or how a building design or construction defect caused injuries to a victim. A personal injury attorney can assist you in finding the right expert witnesses to prove your case. The process of vetting is crucial since an expert witness must be fair and objective. The expert should review all facts available and not omit any relevant information to form an opinion that favors either the plaintiff or the defendant. This could lead to a biased or unreliable report that can be used against your claim. Negotiating with Insurance Companies When a claimant is able to file a personal injury claim they are seeking compensation for their losses. These losses include medical expenses, lost income, property damage and other costs associated with the accident. Certain claims also include non-economic damages like pain and suffering. Many insurance companies have trouble finding a fair value for these kinds of non-tangible injuries. An experienced injury lawyer can negotiate to ensure that adjusters take these damages into account when formulating settlement offers. It is essential to write a well-organized demand letter with supporting documents before the negotiation process begins. When discussing your case with the at-fault party's lawyer, insurance company or their lawyer it is crucial to have a NYC personal injury lawyer present. They are likely to try to get you to pay the least amount they can. They might try to use past medical conditions unrelated to the accident or other tactics to reduce your settlement offer. A competent attorney can quickly determine the true worth of your case and help you avoid low settlements. They can also help you get compensation for intangible damages that include pain and discomfort and loss of enjoyment in your life, emotional distress and more. A NYC personal injury lawyer can also examine any documents provided to you by the insurance company to ensure they do not contain hidden clauses that could affect your case. A knowledgeable NYC personal injury attorney will be able to assist you recover compensation for your losses even if you are partially responsible for the accident. New York law follows a pure comparative negligence model which permits you to seek compensation from other parties at fault in proportion to the amount of the responsibility they share for your injuries. Trial in Court There are times when a lawsuit could be necessary. While most personal injury cases are settled without ever going to the courtroom, there are situations where a lawsuit may be required. A New York personal injury attorney has the knowledge and experience to manage the litigation process to ensure that you receive a fair settlement for your claim. After the initial investigation and discovery process, the attorneys for both parties will prepare for negotiations to reach an agreement. This is usually done by a mediator who is a neutral third party who meets with opposing parties to attempt to help in facilitating reconciliation. Lawyers could also be required to collect evidence, such as police reports or incident reports and also interview witnesses. If the case involves a specific product, they might need to store it or send it to nondestructive testing to ensure that any evidence is not lost. Insurance companies will do whatever it takes to save money, even if it means putting off an appeal. A New York personal injuries lawyer can help you avoid these tricks. Personal injury damages are meant to compensate you for your injuries, however they can prove difficult to quantify. Economic damages, such as lost income and medical bills, are easier to quantify, while non-economic damages like suffering and pain need the help from a medical professional who can quantify the impact of your injuries on your life. If the insurance company is not willing to offer a reasonable settlement, your lawyer will file a complaint with the court and arrange the date for trial. Most personal injury attorneys work on a contingency basis and are only paid if they recover compensation for you through settlement or a verdict.