Whether you were hit by a car, injured at work, or suffered the devastating loss of a loved one due to another person’s careless behavior, you deserve fair compensation for your losses. Unfortunately, the complexities of New York law and insurance company tactics can make it difficult to recover what you are entitled to. A seasoned personal injury lawyer can help you navigate the process.
The first step in any Personal injury lawyer case is establishing a duty of care. Every person owes others a duty to act responsibly in all relationships, including those between drivers and pedestrians, manufacturers and consumers, and homeowners and guests. When that duty is breached, you may be able to file a personal injury lawsuit to obtain monetary damages.
Personal injury lawyers can assist with this task by reviewing all relevant statutes, case law, and common law precedents to establish a basis for your claim. This analysis can be particularly important when there are multiple defendants and/or complex legal theories at play.
Once your attorney has established a legal argument, they will prepare pleadings to initiate the lawsuit. The pleadings will list your legal arguments and the relief you are seeking. After the pleadings are filed, the discovery phase begins. During this time, your attorney will submit discovery requests to the other party asking for evidence such as documents, interrogatories, and depositions questions asked under oath. Your lawyer will also implement a strategy to respond to the other parties’ discovery requests.
Your attorney will also obtain all medical records related to your accident and injuries. This information will be used to demonstrate the extent of your injuries and the impact they have had on your life. In addition, your attorney will obtain employment records to demonstrate lost wages as well as any additional expenses you have incurred due to your inability to work.
In many cases, a personal injury case will involve expert witnesses. These are individuals who can provide testimony to support your claim or offer a different perspective on the case. A skilled personal injury lawyer will know the right experts to hire and how to coordinate their schedules in order to expedite your case.
Lastly, your attorney will negotiate with the insurance companies to reach a settlement or judgment on your behalf. Oftentimes, settlements will be structured as a lump sum payment. Your attorney will ensure that you understand the terms and conditions of any settlement agreement or judgment before signing it. If you are unable to reach a settlement, your attorney will file post-trial motions and/or appeals as necessary to obtain the compensation you deserve.