A Personal injury lawyer will help you file a lawsuit against the parties responsible for your accident and subsequent injuries. Under New York law, you may be entitled to compensation for your medical bills, loss of income and other damages that can result from another party’s careless or reckless actions. An experienced New York personal injury attorney can help you recover the compensation you deserve.
Your lawyer will gather evidence for your case, including police or incident reports, witness statements and any photographs. If necessary, they will hire investigators to track down witnesses and conduct a thorough investigation of your claim. They will also retain any relevant documents, such as medical records and employment documents. They will then prepare a detailed legal complaint that sets out the arguments and facts for your claim against the defendant.
They will review the details of your claim, such as the accident circumstances, your injuries and losses, your future needs and the value of your claims for different types of damages. This step can take time, especially if the case involves complex issues or unique circumstances. They will then conduct a legal liability analysis by reviewing statutes, court decisions and other relevant precedents.
When they are confident they have sufficient evidence for your claim, they will contact the defendant’s insurance company and demand a fair settlement offer. They will also begin a discovery process, which can include requesting interrogatories and deposing the defendant or other witnesses.
In addition to negotiating with the insurance company, they will file a lawsuit against the parties responsible for causing your accident. Once a lawsuit is filed, the defendant is required to respond to your lawsuit within 30 days. If a settlement cannot be reached, your lawyer will initiate trial preparations. This can involve preparing and filing motions, scheduling depositions and assembling expert witnesses.
If you suffered an injury due to a defective product, your lawyer will ensure the evidence is preserved. If you still have the product in your possession, your lawyer will ask you to relinquish it only to them and will have it stored or sent for non-destructive testing. This is an important step because defendants and manufacturers have been known to destroy or otherwise get rid of evidence that they are at fault.
Your lawyer will calculate how much your claim is worth based on your injuries, losses and expenses. They will factor in your lost wages, diminished future earning capacity, medical bills, property damage and more. They will also consider the impact your injuries have had on your family and your quality of life. An experienced Personal injury lawyer will know the maximum amount you can be awarded based on similar cases. This information can make a huge difference when you are negotiating a fair settlement offer or taking your case to trial.