A Personal injury lawyer is a legal professional who has the skills and experience to represent individuals who have been injured by another person or company. A personal injury case can involve any type of harm to a person or their property, including physical injuries, emotional traumas, and financial losses. People can sue the individual or the company that caused the injury for monetary damages in a civil court. A personal injury lawyer can help clients build a strong case, negotiate with insurance companies, and, if necessary, take the case to trial.
A successful personal injury lawsuit relies on a wide variety of evidence to prove the claimant’s case. From medical records demonstrating the extent of injuries, to witness statements and expert testimony providing context, a comprehensive arsenal of evidence can make a significant difference in winning a case. Photographs and videos provide visual proof, complemented by police reports and official documents that offer further context, and physical evidence like damaged vehicles or defective products that may have contributed to the accident.
To win a personal injury case, the claimant must show that someone else failed to act as a reasonable person would have under the circumstances, and that this failure actually caused them foreseeable harm. This is known as negligence. Often, the plaintiff must also demonstrate that they suffered losses that can be compensated for, such as medical expenses, lost income, and pain and suffering.
Insurance companies and at-fault parties are likely to have teams of lawyers devoted solely to their defense, which can place an injured individual at a disadvantage when trying to settle a claim. A good personal injury lawyer can handle these negotiations and make sure that the defendant is held liable for all damages.
During free consultations, New York personal injury lawyers can discuss the specifics of an individual’s case. They can review important documents, such as the accident report, medical bills, and insurance policies. They can also review any witness statements and take photos and videos of the accident scene, if possible. In addition, they can review medical records and ask the injured individual or their families about the effects of their injuries.
After the initial consultation, the personal injury lawyer will begin gathering information to prepare the case for settlement or trial. They will need confirmation from the injured individual’s employer regarding loss of wages, and they will need supporting documentation of future medical treatment, therapy, and other needs, such as home care and modifications. In serious cases, an economist may be needed to project future economic losses.
Once the injured party has reached maximum medical improvement, or their attorney has a clear picture of the extent of their injuries and related costs, they will file a settlement demand with the relevant insurance carrier. They will submit a packet of medical bills, reports, and income loss documentation along with a liability analysis. A good personal injury attorney will carefully review each document to ensure that their client’s claims are as complete and accurate as possible.