Sustaining injuries because of someone’s negligence can cause more than physical harm. Victims may face economic losses due to high medical bills and lost wages. They might also suffer subjective losses like pain and suffering. Thankfully, the law allows injury victims to recover compensation from the liable party.
A personal injury lawyer comes in to help victims recover damages for their losses. These lawyers deal with cases like slip and fall, dog bites, and car crashes. There are thousands of car accidents in New York annually. A personal injury lawyer in Garden City, NY, can help accident victims get suitable compensation.
Here’s how hiring a personal injury lawyer can help your claim.
An attorney understands the law and can advise victims on what to do. Some cases can become complicated. An example is a truck accident case that involves multiple defendants. A defendant is a person responsible for an injury.
A personal injury lawyer can offer helpful legal advice, despite the complexity. They can also help plaintiffs (injured persons) navigate the compensation process.
Prevention of Crucial Mistakes
Making a mistake when filing a claim can harm the case. A personal injury lawyer can help ensure that all the necessary paperwork is in order.
Many people jeopardize their claims when talking to insurance adjusters. For example, by saying they were at fault for the accident. The adjuster can use the plaintiff’s words to lower or deny their claim. A personal injury lawyer can help victims talk to the insurer.
The statute of limitations in a civil case sets a time limit on when a plaintiff may file a lawsuit. If someone misses the deadline, their right to bring a suit is permanently barred. A lawyer can start working on a case as soon as possible to ensure the deadline is met.
Damages refer to the remedy offered to the injured party to try and make them whole. Plaintiffs receive damages in the form of monetary compensation. There are different types of damages, including economic, non-economic, and punitive damages.
Economic damages include medical expenses, lost future earning capacity, and property loss. Non-economic damages include permanent disability, emotional distress, and mental anguish.
Punitive damages punish the offender for their particularly harmful behavior. A lawyer can examine a case to determine the damages a particular plaintiff can claim.
Proving liability in a personal injury case is vital to recovering compensation. It means showing that the defendant was at fault for causing the harm suffered by the plaintiff. It involves proving the following:
- Existence of a duty of care
- Breach of a duty of care
- The breach led to injuries
- The injured party suffered damages
A personal injury lawyer can handle the process of proving liability on a plaintiff’s behalf.
Evidence is the pillar of any case, including personal injury cases. A personal injury lawyer can gather critical evidence to help support a claim. Evidence can also help them prove the other party’s liability.
Some of the evidence that might be useful in a personal injury case includes:
- Medical records
- Expert witness testimony and eyewitness statements
- Photos of the scene of the incident
- Police reports
- Video or audio recordings of the incident
Handling Settlement Negotiations
Negotiations in a personal injury case involve discussions on a possible settlement amount. The plaintiff receives a settlement in exchange for dropping the legal case. Negotiations involve both parties making offers and counter-offers until they reach an agreement.
A personal injury lawyer can handle negotiations with the other party. Attorneys have strong negotiation skills. They can use these skills to help plaintiffs get a fair settlement.
The other party may refuse to pay the full value of the plaintiff’s damages. If so, the case can go to court, where a jury will decide the case. A personal injury lawyer can represent the case in court.
The at-fault party’s insurer is likely to have a lawyer representing them. The lawyer acts in the best interest of the insurer. By hiring personal injury lawyers, plaintiffs also have someone advocating for their rights.