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What Does a Personal Injury Attorney Do? Personal injury attorneys help people who have been injured due to the negligence or incompetence of other people. These people are often struggling with medical bills that are high, lost wages and suffering and pain. A personal injury lawyer with experience will assist you in getting the compensation that you are entitled to. The first thing they'll do is gather evidence. This includes medical documents reports income loss statements, and more. Legal Representation A personal injury attorney's job is to protect the client's legal rights. They are a voice for reason when injured victims are feeling anxiety, anger, and frustration. They help clients adhere to important legal procedures and deadlines, if they want to get the compensation they are entitled to. The first steps an attorney for personal injuries takes involve gathering evidence for their case. They may interview witnesses and draft an accident report to the police. They also review documents like medical records or income loss documents. This information helps them develop an accurate picture of your losses and injuries so they can determine what damages you are entitled to. A personal injury lawyer will write and file a complaint after they are fully aware of your injuries and losses. The complaint provides legal arguments for liability and requests an amount of compensation. The defendant has 30 days to respond. The discovery process can start at this point. In this time during this time, you could be asked to submit a statement to your insurance company. Personal injury lawyers are well-versed with the tactics these companies employ to deny your claim or undervalue it. They will handle all communications with insurers on your behalf. In most cases, the most effective way to prove the validity of a claim is to provide expert testimony. An attorney for personal injury has access to nationally-recognized medical experts who will provide testimony on your behalf. They will review your medical records, interview witnesses as well as you, and report their findings in court to support your claims. If a jury or judge finds in your favor, you'll be awarded damages for the losses and injuries you've suffered. These include general damages for pain and suffering, lost wages, and other financial expenses. In certain cases the victim may also be awarded punitive damages, which are designed to punish the defendant and discourage similar offenses in the future. Liability Analysis In a personal injuries case your lawyer will conduct an extensive analysis of the liability to determine who is responsible for your injuries. They will go over the relevant statutes and case law, as well as legal precedents to establish an appropriate basis to file a lawsuit against each party. It can be a time-consuming process, especially when your injuries are complicated or are unique and require a thorough legal investigation. Personal injury law permits injured people to claim compensation for losses caused through the reckless or intentional actions of a third party. These losses can include medical expenses, lost income or earning potential, emotional distress, loss in consortium, as well as suffering and pain. In certain cases punitive damages may be given to punish the perpetrator of an outrageous behavior. A Manhattan injury lawyer can assist you in determining the amount of compensation you're entitled to for your losses. The medical reports and income loss documents and the liability assessment will be used to create an settlement demand that you can submit to your insurer. After the insurer has accepted a settlement, you will be able to receive your settlement. If the insurance company is unwilling to negotiate an equitable settlement then your Manhattan lawyer will fight for your rights in court. They can file a claim against the insurance company in which they claim that they committed fraud by refusing to pay legitimate claims and delaying the process in order to save money. They can also file a lawsuit to seek compensatory damages for your injuries that result in lost wages, medical bills, emotional distress and physical pain. Many people worry that they can't claim compensation even if they are partially at fault for the incident However, New York uses a pure comparative negligence model, and you may still be able to claim some of your losses from another at-fault party. Your attorney can guide you on whether you are entitled to damages for loss of companionship, mental distress and a diminished quality of life. They can also explain the damages you might be entitled to if the defendant displayed gross negligence or extreme disregard for your safety. Preparation for Trial The months and weeks before trial can be a hectic and stressful time for legal teams. Trial preparation involves the collection and organization of the raw materials that lawyers require for a hearing or trial. A thorough preparation allows lawyers to tell a more complete and coherent argument before juries and judges. This can include a detailed liability assessment which is the method that you go through and evaluate the law, caselaw, statutes as well as common law and legal precedents to establish a valid justification for taking action against the defendant. This can be more time-consuming and exhaustive when the case involves complex questions or unique circumstances, but it is necessary to ensure that your lawyer will be able to successfully represent you in court. Your lawyer will draft a court complaint once they have a full understanding of all the facts and evidence in your case. The complaint will contain your legal arguments regarding the accident and its causes and a request for damages. The defendant has 30 calendar days to prepare their response after receiving the complaint. This can include preparing interrogatories, which are written questions, or depositions, in which parties, witnesses and experts are questioned. During this time, your personal injury lawyer is likely to make sure that the defendant is on guard to safeguard any important evidence in your case. This could include things like photographs of the scene of the accident, video surveillance footage, medical records, and invoices for any costs resulting from your injuries. Your attorney will hire experts to present certain aspects of your case during trial, for example, the likelihood that you will suffer a decrease in quality of life or the projected cost of medical bills to come. Experts are able to offer their opinion on the basis of their education, training, and the work history. If your case is brought to trial you will be required to attend and be sworn in deposition. Your attorney will help you with this procedure by giving you written questions to answer and by guiding you through the deposition. Negotiation A personal injury lawyer is an effective advocate for the injured victim during settlement negotiations. Insurance companies are usually reluctant to give an accurate value for the pain and suffering of victims of accidents. A skilled attorney can take a comprehensive method of settling claims which includes a thorough analysis of liability and the gathering of supporting evidence, to determine a fair amount for your losses. During the course of litigation, an attorney can help you make a claim with your insurance company, speak with their adjuster, and provide advice on any recorded declarations that need to be given. Many insurance adjusters attempt to make injured victims admit to something that could be used against them in court, so an attorney who specializes in personal injury can shield their clients from these kinds of tactics. As negotiations begin an experienced personal injury lawyer will draft an offer letter that sets out the amount they believe their client is entitled to. The insurance company will then make an offer to counter. After some back-and-forth it is possible that the parties will be able to agree on a settlement that is somewhere in between. A key factor in determining the value of your injuries is the severity of your injuries. An attorney for personal injuries can help you calculate the total cost of your medical bills and lost wages, as well as future loss of earnings, and property damage. They can also help you calculate non-tangible damages, like pain and suffering or emotional distress. Suffolk injury attorneys will most likely request to record the statement you give. A personal injury lawyer would strongly suggest against making a recorded statement without their presence present as they can get very pushy and pressure you to make statements that could be used against you in court. A skilled personal injury lawyer will be able convince the insurance adjuster your damages are worth more than what they are offering and negotiate a more substantial settlement. After a successful negotiation, an attorney will complete the the litigation process by filing a lawsuit and gathering evidence to prove their case. This will usually take about a year, so the injured party will need to be patient while the case is being argued in the court.