What Does a Personal Injury Lawyer Do?
When you sustain an injury, the last thing on your mind may be a legal claim. However, if another party caused your injury, you could be entitled to substantial compensation for your financial losses and other damages. A New York City personal lawyer can help you recover compensation for your losses.
Most personal injury lawyers offer free consultations, so it does not cost you anything to discuss your case and receive preliminary advice. Continue reading to learn how a personal injury lawyer can help you recover fair compensation after an accident.
A Personal Injury Lawyer Will Protect Your Legal Rights
The primary concern for you right now is your health and recovery. You should focus on seeking the medical treatment and therapy you need to recover after an accident or other personal injury.
While you focus on your recovery, your legal team will protect your legal rights.
They’ll handle all matters related to your personal injury claim, including but not limited to the following:
- Investigate the accident to determine how your injury occurred and who is responsible for causing it
- Gather and preserve key pieces of evidence to prove causation, fault, and liability
- Advise you of your rights and legal options for filing claims
- Explain how much your personal injury claim is worth
- Place parties on notice that you have a claim and send formal letters to notify parties that you have legal representation
- Work with your doctors and medical specialists to document the extent of your injuries
- Fight allegations of contributory fault, failure to mitigate damages, and other claims that could hurt your case
- Verify insurance coverage and file insurance claims
- Hire expert witnesses, investigators, and other parties to assist with your case
- Handle all communication and matters with the insurance companies, claims adjusters, and investigators
- Monitor the statute of limitations for filing claims and personal injury lawsuits
- Review subrogation clauses in your health insurance policies to plan for negotiating payments of subrogation claims and medical liens
You might be able to handle some of these tasks on your own. However, your focus needs to be on your recovery. You do not need the stress and pressure of dealing with insurance adjusters and other parties who want to pressure you to accept a settlement offer too early and for amounts far below the value of your claim.
A Personal Injury Lawyer Will Prepare Demand Settlement Packages
Once you reach maximum medical improvement and your attorney completes the accident investigation, you can move toward settlement negotiations. Your lawyer will obtain medical records, accident reports, employment records, expert opinions, photographs, witness statements, and other evidence to support your claim. They will also research case law and statutes applicable to your case.
This information is included in your settlement demand. They’ll use the evidence to support your claims for liability and damages. Your lawyer will draft a comprehensive explanation of why the at-fault party is liable for your damages based on sound legal arguments backed up by tangible evidence.
If you sustained a permanent impairment, your attorney might work with medical specialists and financial professionals to determine the extent of your disability and the financial impact expected for your future. That information is a critical piece of evidence that impacts the value of your claim.
An attorney will also calculate the value of your claim. They’ll consider all types of losses, including economic damages representing past and future financial losses. Your lawyer will spend a great deal of time discussing how the injury and accident impacted your daily life to determine a fair amount of compensation for pain and suffering (non-economic damages).
Additionally, an attorney will analyze your case to determine if punitive damages are justified. Punitive damages are only available in specific situations. However, these damages can add substantial value to a claim.
A Personal Injury Lawyer Will Negotiate a Fair Settlement
The goal is to obtain the most money available for your claim. Therefore, a personal injury lawyer will not rush to settle. Instead, the settlement demand package is the beginning of the negotiations.
In most cases, the insurance company or at-fault party declines the initial settlement offer. However, they typically make a counteroffer for a lower amount. Your lawyer will be prepared for that event.
Settlement negotiations can continue for several weeks or months. Each party continues to present their argument and counter with offers based on the ongoing discussions.
Most personal injury claims are settled by negotiating with the other party. An experienced attorney understands the various negotiating tactics used by defense lawyers and insurance companies. These tactics are designed to pressure individuals who do not have attorneys into accepting settlements that are not in their best interest.
A Personal Injury Lawyer Will Argue Your Case in Court
If the at-fault party refuses to negotiate to settle the claim in good faith, your attorney can file a personal injury lawsuit and proceed to court.
Experienced lawyers treat each case as if they will eventually argue it before a jury. Therefore, they are prepared if they need to file a lawsuit.
Insurance companies and large corporations hire defense law firms to fight personal injury cases. Skilled personal injury lawyers have the trial experience to handle the most complex injury claim against any opponent. Your legal team will guide you through each step, including discovery, pre-trial motions, and the trial.
In some cases, parties agree to participate in alternative dispute resolution or ADR. Mediation can be a valuable tool to settle a lawsuit before it goes to trial. However, your attorney will be prepared for trial should settlement talks or mediation fail.
What Types of Cases Does a Personal Injury Lawyer Handle?
New York personal injury lawyers handle numerous types of personal injury claims, including the following:
- Motor vehicle accidents, including commercial trucks, motorcycles, cars, pedestrians, and bicyclists
- Product liability claims, including defective medical equipment and dangerous drugs
- Mass tort claims
- Premises liability claims, including slip & fall accidents, negligent security, etc.
- Medical malpractice claims
- Workplace accidents
- Boating accidents
- Child sexual abuse and assault injuries
- Aviation, bus, and train accidents
- Dog bites and animal attacks
- Nursing home abuse and neglect
- Child injury cases
- And many more accidents and situations that lead to personal injuries
A personal injury claim can arise from almost any accident or incident resulting in another person’s injury. The best way to know if you have a personal injury claim is to talk with a personal injury lawyer during a free consultation.
How Much Does It Cost To Hire an NYC Personal Injury Lawyer?
Many people are concerned about the cost of hiring an NYC personal injury lawyer. However, most law firms accept cases based on a contingency fee.
Under a contingency fee arrangement, the attorney agrees to take a percentage of the amount recovered for your claim as payment for legal services. You do not pay attorney’s fees if they do not recover any money for your claim.
Therefore, personal injury lawyers do not charge you any attorney’s fees upfront. If you decide to hire them, they will receive legal fees after they win your case.
Contact Us for a Free Consultation With Our New York City Personal Injury Lawyers
Our legal team at Rosenbaum & Rosenbaum, P.C. is ready to go to work for you to get you the money you deserve in an injury claim. Contact our law firm to schedule a free consultation with an experienced New York City personal injury attorney at (212) 514-5007. We care about what happened to you and believe you deserve fair compensation from the party who caused your injuries and damages.