A serious injury, such as a car accident, medical malpractice, or slip and fall, can disrupt your life. It can leave you with medical expenses, lost wages, and other financial losses. A Personal Injury lawyer can help you obtain the compensation you deserve to help you get back on track after an accident.
A good Personal injury lawyer will have years of experience and a proven track record. They will also have a solid understanding of New York’s complex laws and legal procedures. They will know how to work with insurance companies and negotiate fair settlements. If a trial is necessary, they will be prepared to defend your rights in front of a judge and jury.
The first step is to establish that there was a duty of care in the case. This is the basis of any personal injury claim in New York. For example, drivers owe a duty to each other to follow traffic rules, manufacturers owe a duty to distribute safe products, and homeowners owe a duty to visitors. If a person breached their duty of care and that breach caused the injury, they may be held responsible.
Next, the personal injury attorney will perform a detailed liability analysis. This is often a lengthy process that involves reviewing statutes, cases, and legal precedents. This will help them determine who was at fault in the accident and what type of damages you are entitled to receive.
Lastly, the personal injury lawyer will review your medical records and document any physical and psychological injuries you sustained as a result of the accident. They will then calculate your monetary losses to arrive at an award amount that includes special and general damages. Special damages are those that address your monetary losses, such as medical expenses, lost wages, and property damage. General damages are those that are not monetary in nature, such as pain and suffering.
In some cases, the injury lawyers will need to consult with doctors and other medical experts for evidence to support the claim. This is especially true in cases where the injuries have long-term implications for your health and well being. These expert witnesses can provide valuable insight into how your injuries will affect you in the future.
It is important that you seek immediate medical care after an accident. Even seemingly minor symptoms, such as bruising and soreness, should be documented. This will help you build a strong case that demonstrates your injury and your need for compensation. In addition, you should continue to see doctors so that you can build medical evidence and demonstrate your continued need for treatment. This will strengthen your claim as well as demonstrate that the accident aggravated any underlying medical condition you already had. In some cases, the attorneys will need to prepare interrogatories (written questions) or request depositions in which they ask the other parties under oath about the incident. This will strengthen your case and help you secure a fair settlement.