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Personal Injury Attorneys A personal injury lawyer 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 the evidence and may also hire an expert. They will interview witnesses, document the scene, and formulate theories to explain how the accident occurred. Liability Analysis Your personal injury lawyer will investigate and determine the cause of any injuries you've sustained whether it was from an accident in the car, a slip and fall or another hazardous event. They will gather evidence like witness statements and accident reports, police reports, medical records and more. They will also collect visual evidence such as photos or surveillance camera footage. They will work with experts who can provide analysis on different issues. For example an expert might be required to analyze the cause of your injury and whether it was the result of the defendant's negligent conduct. Other experts may be called to testify on your medical needs and future treatment. They can also assist in determining the damages you are entitled to claim for your losses, such as medical expenses and income loss, property damage, and pain and discomfort. Personal injury attorneys can also negotiate with representatives of insurance companies. They have tried out strategies for leveraging evidence and persuading an insurance company to offer an amount that is fair. They will keep track of the statute of limitations to ensure that the insurance company does not run out of time in your case. Our New York City personal injuries lawyers can initiate legal proceedings if you are injured by police officers in a hazardous situation. They will hold the police department responsible and hold the person accountable for violating your civil rights. New York law allows residents to sue for violations of their civil rights, including excessive force or unlawful restraints by the police officer. They can also bring a case against police misconduct if an officer uses excessive force while arresting suspects or killing the innocent. Preparation for Trial In personal injury cases, the plaintiff must prove that they are entitled to compensation due to their injuries, and that a party's actions were negligent. Bakersfield injury lawyers seasoned New York City personal injury attorney will assist with this procedure starting with the initial investigation and filing of a lawsuit, to the preparation for trial. During the discovery and inspection phase lawyers from both sides will share details about their respective claims. For example the legal team of the defendant might request your medical records as well as other pertinent documents, including your employment history. Your lawyer will be able to advise you on what requests are legal and which are to be avoided. The lawyers of the defendant may ask you to be examined by a physician of their preference. The examination may include questions about your physical limitations as well as the impact of your injuries on your quality of life and your future earnings potential. A skilled personal injury lawyer can help prepare you for the examination and ensure it is conducted in a fair manner. A good NYC personal injuries lawyer will also draft what is referred to as a Bill of Particulars. This document is a legal document which details the severity of your injuries, their effect on your living standards and the amount of compensation you are entitled to. The document is usually required prior to the commencement of the trial. The top personal injury attorneys are prepared for trial even the case that you and your attorney want to settle the matter before you step foot into the courtroom. This includes preparing your witnesses, obtaining the evidence necessary to prove the case, and getting yourself ready to testify on your behalf during direct or counter-examination. Expert Witnesses Expert witnesses are experts who can provide an independent opinion on the technical aspects of the case. Their expert opinion and experience can assist jurors in understanding what transpired at the time of an accident or injury. The law requires that experts possess some form of education or expertise in their area of expertise. This is accomplished through a degree from a university or formal education, a long observation and actual knowledge or experience in their field. Medical experts can provide information and insight that can assist the jury and judge to better understand the issues in the case. They could also be called upon to give testimony regarding the standard of medical care, medical errors and the long-term impact of a medical issue. Financial and accounting expert witnesses can examine the financial records of a defendant, which include assets, revenues, net income, liabilities cash flow and equity. They can also provide an initial estimate of damages and assist in depositions, interrogations settlement negotiations, and legal testimony. In cases involving defective building products or structures manufacturing and engineering experts are often called in. These experts can inform a victim how a flawed building design or product was created. A personal injury lawyer can assist you in finding the most suitable expert witnesses to support your claim. The process of vetting is vital as an expert witness has to be fair and objective. The expert should examine all relevant facts and not omit relevant information in order to construct an opinion that favors either the plaintiff or the defendant. This could result in an unreliable or biased report that could be used against you. Negotiating with Insurance Companies If a claimant files a personal injury claim they are seeking compensation for the losses they have suffered. These losses include medical expenses, lost income, damage to property, and other expenses associated with an accident. Certain claims also include non-economic damages such as suffering and pain. Many insurance companies have trouble evaluating a fair dollar amount for these kinds of intangible damages. However, a skilled injury lawyer can negotiate with adjusters to ensure they take these harms into consideration when preparing their settlement proposals. It is important to prepare a well-organized demand letter with supporting documents before the negotiation process. 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 issues that are not connected to the accident or other strategies to decrease your settlement offer. A skilled attorney can quickly determine the true worth of your case and avoid low settlements. They can also assist you to get compensation for intangible damages that include discomfort and pain or loss of enjoyment your life, emotional stress, and many more. Additionally, a knowledgeable NYC personal injury attorney can examine any documents insurance companies send you to ensure that they do not contain hidden clauses that could compromise your case. A NYC personal injury lawyer can to help you obtain compensation, even if the fault in the accident was only a small part of the cause. New York law follows a pure comparative negligence model, which allows you to pursue compensation from other at-fault parties according to the percentage of the responsibility they share for your injuries. Trial in Court There are occasions where a lawsuit might be required. While most personal injury cases settle without ever going to court, there are some situations when a lawsuit might be necessary. A New York personal injuries attorney has the expertise and experience to navigate the legal process to receive an appropriate settlement. Following the initial investigation and discovery process, attorneys for both parties will be preparing for negotiations to reach the terms of a settlement. A mediator may be used for this purpose, which is a meeting between opposing parties and an impartial third party who attempts to facilitate a reconciliation. Lawyers might also be required to collect evidence, like police reports or incident reports and interview witnesses. If the case involves a product they could be required to store or send it to non-destructive testing and ensure that any evidence is not lost. Insurance companies will do whatever it takes to save money even if it means putting off a case. A New York personal injuries lawyer can help you avoid these tactics. Personal injury compensation is designed to compensate you for your injuries, but they can be difficult to quantify. Economic damages, like lost income and medical bills are simpler to quantify, while non-economic damages, such as suffering and pain, require the assistance of a physician who can substantiate the impact of your injuries on your life. If the insurance company isn't willing to offer a reasonable settlement, your attorney will file a complaint with the court and set the date for trial. Most personal injury lawyers operate on a contingency basis, meaning they only get paid if they receive compensation for you.