A serious injury can have a profound impact on your life. Whether you are dealing with a car accident, defective product, or medical malpractice, Duluth Personal Injury Lawyer can help you pursue the compensation you deserve.
A strong case starts with a solid arsenal of evidence. From medical records that showcase your injuries to witness statements shedding light on accident circumstances, the right evidence can help strengthen your claim.
In the broadest sense, personal injury law allows individuals to pursue legal recourse in court for damages resulting from injuries or other wrongs inflicted on them by others. This is also known as tort law. Personal injury attorneys help injured victims by providing a variety of services related to this area of the law.
For example, a personal injury lawyer can guide you through the legal process, ensuring that all paperwork is filed correctly and on time. This is vital for any case, since a missed deadline or mistake could derail the entire claim. An attorney can also provide valuable insights into how best to approach the case based on their experience and knowledge of your situation.
Personal injury lawyers will work to ensure that you are awarded the maximum amount of compensation available. This includes compensation for medical bills, future medical care, property damage, lost wages, pain and suffering, and other damages. In some cases, you may also be entitled to punitive damages designed to punish and deter the wrongdoer’s conduct.
Having a dedicated legal advocate by your side will give you the strength and confidence to navigate complicated legal processes and negotiate with insurance companies. An experienced personal injury lawyer can make all the difference in your fight for justice.
When choosing a New York Personal Injury Attorney, look for one who has experience handling cases similar to yours. For example, if you were injured in a car accident on Hylan Boulevard or hurt at work, a NYC Personal Injury Lawyer with specific experience in that area will understand your unique circumstances and how to best represent you.
Most Manhattan personal injury attorneys charge a contingency fee rather than an hourly rate. This means that they will get paid a percentage of whatever amount they recover for you in the form of a settlement or verdict. This fee structure makes it possible for people of all incomes to have an attorney on their side, as it eliminates the financial risk involved with pursuing justice. However, each attorney’s fee structure is slightly different, and you should be sure to ask about this before retaining them.
Determining the Value of Your Claim
There are several factors that influence the value of your injury claim. These include current and future medical expenses, damages for the loss of income due to an inability to work, and compensation for your pain and suffering. A personal injury lawyer is skilled at determining the actual cost of these items and arguing for their appropriate value in your case.
Often, the amount of damages you receive depends on how severe and permanent your injuries are. Detailed medical records and expert testimony can play an important role in demonstrating the extent of your injuries and the impact they have had on your life.
Your attorney will also consider your other financial losses. These may include the cost of property damage (e.g., repairing or replacing an injured vehicle or paying for repairs to a home), out-of-pocket costs such as childcare and travel expenses and your inability to participate in activities you enjoy. Your lawyer will gather receipts and invoices to document these costs.
The amount of your immediate lost wages is another key factor in calculating your claim’s value. Your lawyer will review your wage slips, profit and loss statements if you are self-employed, and receipts for any out-of-pocket costs to prove this figure. Your lawyer can also calculate the value of your intangible losses, including mental anguish and pain and suffering. These figures are not easy to measure, but your lawyer will use expert testimony and documented evidence such as previous verdicts in similar cases to argue for their worth in your case.
In some cases, your lawyer may consult outside experts to help determine the cause of the accident and its impact on your injuries. These experts may include professional investigators or retired police officers who specialize in accident reconstruction. Your lawyer will have a roster of professionals they commonly use and know who to recommend for your specific case.
Once all of these elements have been considered, your personal injury lawyer will prepare a settlement demand to present to the defendant. In most cases, the defendant will agree to settle for a set amount of money in exchange for releasing you from any further obligations in the case. Your lawyer will negotiate with the insurance company on your behalf to ensure you are awarded a fair settlement.
Negotiating with Insurance Companies
Dealing with insurance providers is an integral part of a personal injury lawyer’s job. This can involve working with auto insurance companies after an accident involving a car, homeowners insurance companies after a home accident or other types of insurance claims based on the liability of individuals or businesses. An experienced personal injury lawyer can help to navigate these complicated matters.
A key aspect of the insurance claim process is determining what is actually owed in compensation. This involves gathering information from the client including financial losses such as medical expenses, lost wages and repair costs. It also includes calculating the intangible harms resulting from an injury such as pain and suffering. The legal team will review medical records, speak with the relevant parties and gather any other relevant documentation that is necessary for establishing what has truly been suffered.
Another key function of a personal injury attorney is negotiating with the insurance company on behalf of the injured party. This can be a complicated affair given that insurers are businesses and their goal is to minimize the amount they pay out for claims. An experienced personal injury attorney can negotiate effectively on behalf of the injured party to secure a fair settlement.
An experienced personal injury attorney can also protect the inexperienced claimant from being taken advantage of by the insurance provider. This is especially important in situations where multiple entities might share liability. For example, if there is an accident involving more than one vehicle or multiple people and employers, insurance companies and government entities are all involved, it can be difficult to determine who is responsible for the injuries. A lawyer can provide clarity on the situation and protect the injured party from making any statements that could compromise their claim.
A personal injury lawyer can also handle all communication with the insurance provider, which can reduce the stress on an injured person who is already dealing with their injuries and recovery. It is not uncommon for insurance companies to make an initial offer that is unreasonably low, and this can be a tactic used to see if the injured party knows what their claim is actually worth. A lawyer can quickly and efficiently review the initial offer and communicate on the injured party’s behalf to secure a fair settlement.
Filing a Lawsuit
In the rare event that an insurance company won’t offer a fair settlement, your personal injury lawyer can file a lawsuit on your behalf. Most personal injury cases, however, are settled outside of court.
Like all civil lawsuits, a personal injury case begins with filing a document with the court called a complaint. The complaint identifies the parties to the lawsuit, states what the plaintiff alleges occurred and what kind of compensation they’re seeking. A personal injury attorney can help clients compile the necessary evidence to support their claims. This might include medical records demonstrating the extent of a client’s injuries, police reports detailing what happened and witness statements providing context for the accident.
Personal injury lawyers may also engage outside investigators to assist in a case, such as an expert witness who can opine on how an accident occurred. Outside experts are particularly useful when the cause of an accident is in dispute. Often, these individuals are professional accident reconstruction experts. Depending on the complexity of a particular case, a personal injury lawyer may also bring in professionals to conduct medical examinations and/or take sworn depositions from witnesses.
Once all the evidence is gathered, it’s time to submit the paperwork to the court. Typically, this will involve filing a complaint and summons with the court. The defendant is then served with these documents by a process server or other person designated by the court. Usually, service must occur within a specific period of time after the complaint and summons are filed with the court. This period of time is known as the statute of limitations and can vary by state.
Throughout the legal process, personal injury attorneys will also handle discovery requests from the opposing party. This could include written requests for admission or sworn oral testimony at depositions. Personal injury lawyers will advise their clients on the appropriate response to these requests and how they might impact their case.
Most personal injury attorneys work on a contingency fee basis, meaning they get paid only when they recover money for their clients. This arrangement can be a benefit to injured people who might otherwise not be able to afford a quality personal injury lawyer.