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Personal Injury Attorneys A personal injury lawyer will investigate the accident, prove liability by the party at fault and manage all negotiations with insurance companies on your behalf. They will ensure you don't suffer any unfair treatment, fighting for the highest amount of settlement or verdict. Your lawyer will examine the evidence and may employ an expert. They will question witnesses, take photographs of the scene and develop theories to describe the circumstances of the accident. Liability Analysis Whether you are in a car crash or slip and fall or have suffered from a different type of a dangerous incident, your personal injury attorney will determine the cause of your injuries and determine liability. They will gather evidence, including witness statements as well as police and accident reports, and medical records. They also compile evidence of visual nature, such as photos and surveillance camera footage. They will work with experts who will provide an analysis of various issues. Expert witnesses could be required to analyze the circumstances of your injury and determine whether it was the result of an act of a defendant. Other experts may be called to testify on your medical requirements and future treatment. They can also assist you to determine the amount of damages you can claim for your expenses and losses like medical treatment and loss of earnings, property damage, pain and suffering. Personal injury lawyers can also bargain with representatives of insurance companies. They know how to utilize evidence to convince an insurer to provide a fair settlement. They will track the statute of limitations, ensuring that they do not allow an insurance company to run out the clock on your case. Our New York City personal injuries lawyers can pursue legal action if you are injured by an officer of the police in a potentially dangerous situation. They will hold the 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, like excessive force and unconstitutional restraint by a police officer. They can also bring a lawsuit against police misconduct when an officer uses excessive force when arresting suspects or killing innocent. Preparation for Trial In personal injury lawsuits, the plaintiff must prove that they are entitled to compensation for their injuries, and also prove that the actions of the other party are negligent. An experienced New York City personal injury attorney can assist in this procedure starting with the initial investigation and filing a lawsuit, to the preparation for trial. During the discovery phase as well as inspection lawyers from both sides will exchange details about their respective claims. For example the legal team representing the defendant might request your medical records, as well as other relevant documents, including employment background. Your lawyer will inform you what requests are legal and which should be avoided. The lawyers of the defendant could also ask you to be examined by a physician of their choice. The examination may include questions about your physical limitations, the effects of your injuries on your life quality and your potential earnings in the future. An experienced personal injury attorney can help you prepare for this examination and ensure that the examination is conducted with integrity. A reputable NYC personal injury lawyer will also draft what is known as a Bill of Particulars. This document is a legal document that describes your injuries, their impact on your living standards, and the amount of compensation you are entitled to. The document is typically required prior to the commencement of the trial. The top personal injury attorneys are prepared for trial even if you and your attorney want to settle the matter before you enter the courtroom. This includes gathering witnesses, gathering all evidence needed for the case, and making sure you are prepared to testify on behalf of you during direct or cross-examination. Expert Witnesses Expert witnesses are professionals that offer an independent opinion on a particular technical aspect of the case. Their expert opinion and experience can help jurors understand what happened during the time of an accident, or injury. The law requires experts to have relevant knowledge or prior experience. This is accomplished through a degree from a university or formal education, a long observation and actual experience, or extensive practice in their profession. Medical expert witnesses are able to provide insight and details that can help jurors and judges better understand the issues that surround a case. They may be required to testify regarding standards of care, medical mistakes and the long-term effects of a condition. Financial and accounting expert witnesses can analyze the financial records of a defendant, which include assets, revenues as well as liabilities, net income, equity and cash flow. They can also help with depositions, legal witness settlement negotiations, as well as interrogations. Expert witnesses from manufacturing and engineering are frequently utilized in cases that involve defective products or structural issues in construction sites. They can provide a detailed explanation of the process by which a defective product was produced or how a building design or construction defect caused injuries to a victim. An attorney for personal injury will help you find the most qualified expert witnesses to back your case. The vetting procedure is important, as an expert witness needs to be impartial and fair. The expert must examine all facts and not exclude relevant information to form an impression that favors the plaintiff, or defendant. This could lead to a biased or unreliable report which could be used against your claim. Negotiating with Insurance Companies If a person makes a claim for personal injury they seek compensation for their losses. These losses can include medical expenses, lost income, damage to property, and other expenses that result from an accident. Certain claims also include non-economic damages, such as pain and suffering. Insurance companies are often challenged in determining a fair dollar value for these intangible harms. An experienced injury lawyer can negotiate to ensure that adjusters take these damages into consideration when formulating settlement offers. It is important to prepare an organized demand letter and supporting documents prior to beginning the negotiation process. When discussing your case with an at-fault party's lawyer, an insurance company or their lawyer, it is essential to have a NYC personal injury lawyer in attendance. These parties are usually trying to make arrangements to pay you as little as they can. They might try to use previous medical conditions that are not related to the accident or other tactics to reduce your settlement offer. An experienced injury lawyer will be able to quickly determine what your case truly worth, and thus avoid low settlements. Mesquite injury attorneys can also assist you to obtain compensation for damages that are not tangible, such as discomfort and pain and loss of enjoyment in your life, emotional distress and many more. A NYC personal injury lawyer will also examine any documents provided to you by the insurance company to ensure they aren't stuffed with hidden clauses that could undermine your case. A NYC personal injury lawyer can to help you obtain compensation, even if the fault in the accident was only a part of the blame. New York law follows a pure comparative negligence model which allows you to pursue compensation from the other parties at fault in proportion to the amount of responsibility they share for your injuries. Prosecution in Court Although many personal injury cases are resolved without ever going to trial, there are times where a lawsuit is necessary. A New York personal injury attorney has the expertise and experience to navigate the litigation process so that you receive an equitable settlement for your claim. Following the initial investigation and discovery process, the attorneys of both parties will work together to negotiate a settlement. A mediator can be employed for this purpose, which is a meeting between disputing parties and an impartial third party who seeks to facilitate reconciliation. The lawyers might also need to obtain evidence, such as incident or police reports and interview witnesses. If the case involves a product they may have to store or send it to non-destructive testing and ensure that any evidence is not lost. Insurance companies are seeking to cut costs on huge policy payouts and will employ whatever methods are they can to achieve this which includes delaying the process. A New York personal injury lawyer knows the tactics that are commonly employed and can help you avoid becoming prey to them. Personal injury damages are meant to compensate you for your injuries, but they can prove difficult to calculate. Economic damages like medical bills and lost wages are simpler to calculate, however non-economic damages, like suffering and pain requires the help of a doctor who is able to substantiate your injuries. If the insurance company is not willing to offer a reasonable settlement, your attorney will submit a claim to the court and schedule the date for trial. The majority of personal injury lawyers operate on a contingency fee which means they only get paid if they recover compensation for you via an agreement or verdict.