Suffering a serious injury can be devastating, leaving victims with huge medical bills, loss of income, and long-term pain and disability. Choosing an experienced personal injury attorney is critical.
Injury law is the legal field that allows individuals to recover in court for damage resulting from the intentional, accidental, or negligent actions of others—including people, companies, and even governments and municipalities.
Compensation
Whether through workers’ compensation or a personal injury lawsuit, a victim may be entitled to monetary compensation as a result of an accident. This compensation may cover medical expenses, lost wages, property damage, and pain and suffering. An injury lawyer can help determine the appropriate amount of compensation to request from the at-fault party and ensure that all damages are accounted for.
The first step in determining compensation is establishing liability and negligence. This can be done by gathering comprehensive evidence through medical records, bills, and employment documents. A lawyer can then present this evidence to a judge or jury in a trial, allowing them to make an informed decision regarding the compensation that should be awarded.
Medical costs are a common component of compensation claims, covering both current and future treatment costs. Often, these costs may be quite significant and include the cost of surgeries, hospital stays, prescription medications, and physical therapy. Additionally, a solicitor can seek compensation for lost wages if a client is unable to work following an injury.
Pain and suffering compensation is a more subjective element of a claim and can vary from case to case. An experienced injury lawyer can help determine an appropriate level of pain and suffering compensation based on the severity of the injuries, their long-term impact, and any other associated factors.
Litigation
While many people associate the term “litigation” with lawsuits filed in court, there are some legal proceedings that do not involve a formal filing with the courts. However, a victim’s lawyer is still involved and necessary in these cases. They can help guide victims through the process and make sure that all required steps are completed.
After investigating your case and determining that you have a valid claim, your injury attorney will begin negotiations with the at-fault party’s insurance provider to see if a fair settlement can be reached. If not, they will file a complaint with the court that initiates litigation and sets your case in motion. The complaint outlines all of the plaintiff’s claims against the defendant and includes a demand for compensation.
The defendant will then receive a summons and a copy of the complaint in the mail and will have a set amount of time to respond. Their response, known as an answer, will include their defenses and reasons why they should not be held liable for the victim’s injuries and damages. During this phase, your lawyer will also likely conduct depositions of witnesses and parties, which are oral question-and-answer sessions conducted under oath. Depositions can be difficult, but your lawyer will prepare you for them and ensure that you understand what is expected of you.
Settlements
After your injury lawyer has calculated the full value of your losses, they send a demand letter to the at-fault party’s insurance company. The insurance company reviews the demand letter and may offer a settlement. If the insurance company is unwilling to offer a fair settlement, your attorney will fight to help you secure maximum compensation.
Your injury lawyer needs to ensure that any settlement covers all of your damages, including past and future medical bills and lost wages. During the negotiation process, your injury attorney will work with medical and financial experts to calculate these amounts. Additionally, a settlement can include amounts for your future care and treatment if your injuries are permanent or have long-term effects.
Once a settlement has been reached, all parties will sign a written agreement and a release of liability. The release stipulates that you will not pursue further legal action related to your injury in exchange for the agreed-upon compensation. Your attorney will carefully review the final version of this document to ensure that it accurately reflects the terms of the settlement.
After all of the parties sign the settlement agreement, the insurance company will issue a check. You can choose whether to receive the entire amount at once or on a structured payment plan that includes monthly, quarterly, or yearly payments.
Trials
When a person suffers a catastrophic injury, such as paralysis or loss of a limb, a traumatic brain injury (TBI), or other serious injuries due to the negligent or wrongful acts of others in New York, they need substantial financial compensation to recover. Unfortunately, insurance companies and big businesses often refuse to take responsibility for their actions or impose unreasonable limits on financial awards.
An experienced New York accident attorney can help injured individuals obtain the compensation they deserve. They can handle all communications with the insurance company and its representatives, advise you on how to make statements and fight for a fair settlement, or, when necessary, take the case to trial.
A personal injury lawyer begins by establishing that the defendant breached their duty of care, which is a legal obligation not to act in a way that could harm others. For example, a driver is expected to follow traffic laws, and doctors are supposed to follow current best practices when treating patients.
The next step is written discovery, where both sides exchange relevant documents, such as medical records and accident reports. Then, the attorneys conduct depositions of witnesses. Once the parties have reached what is called Maximum Medical Improvement, which means that the victim has made a full recovery from their injuries, they can begin to evaluate how much the case is worth and decide whether to settle.