Personal injury is a complicated area of law that involves injuries, medical expenses, insurance claims, and much more. A skilled Personal injury lawyer in New York can help victims recover from the losses they have suffered due to another’s negligence or wrongdoing. They can do this by negotiating with the defendant’s insurance company or going to trial if needed.
A personal injury attorney can be very helpful for many types of accidents, including car crashes, motorcycle accidents, workplace accidents, and medical malpractice. In general, a good personal injury attorney will work to ensure that the victim receives all of the damages they are entitled to under the law.
To get compensation, victims must show that they were directly harmed by the defendant’s actions or inactions. This is known as the duty of care. For example, drivers owe each other and others on the road a duty to follow traffic rules and drive safely. Manufacturers owe a duty to consumers not to distribute defective products that can cause harm. Even homeowners owe visitors a duty to keep their property safe from hazards. Victims must also show that the injuries they have sustained are significant and can be quantified. This is usually done by establishing that they suffered losses that can be compensated for, such as medical expenses and lost wages.
When a personal injury lawyer is working on a claim, they will often interview medical professionals to gather evidence of their client’s injuries. This will involve discussing a victim’s pain and recovery progress as well as asking questions about the accident that caused the injury. This information will then be used to calculate a victim’s total economic losses. These can be divided into two categories, known as special and general damages. Special damages are measurable costs such as medical bills and lost earnings, whereas general damages are more subjective in nature and include things like emotional distress, loss of consortium, and physical disfigurement.
After an accident, it is often necessary to file a police report. This will give a victim and their personal injury lawyer valuable information about the accident, such as what happened, who was involved, and what the police concluded about the accident’s cause. In some cases, it may be necessary to consult with experts in order to verify important details about an accident, such as the cause of a car crash or how a defective product could cause harm.
When a personal injury attorney is working on a case, they will be in contact with other attorneys at their firm, the defendant’s insurer, and any other parties that have information that might be useful to a victim’s case. They will also make sure that any product or other physical evidence is properly stored or submitted for non-destructive testing if necessary. This is particularly crucial in cases involving defective products. Defendants and their insurance companies often try to destroy evidence in an attempt to avoid having to pay out a fair settlement.