How a Personal Injury Lawyer Works

After being involved in an accident, medical bills and lost income can quickly add up to be a source of great stress and strain. Hiring a personal injury attorney can alleviate that pressure by managing the details of your case efficiently for you.

An attorney in New York City who specializes in personal injury law can assist you in filing a claim to recover damages – compensation for your losses such as pain and suffering.

Investigation

Personal injury lawyers take an initial step in their cases by conducting an investigation similar to what police and detectives would do when looking into criminal allegations: gathering support information such as photographs, videos and witness statements as well as reviewing relevant documents like medical bills or wage loss statements.

They use this evidence to prove negligence, which occurs when one fails to provide their duty of care and causes another person harm. A defendant could breach this duty of care in various ways such as speeding while driving a car or failing to properly mop up hazards in a store.

Attorneys then work to establish damages, or losses you suffered as a result of your accident. This includes both financial losses like medical bills and lost wages as well as non-financial harm such as pain and suffering. Victims with attorneys typically recover more quickly; personal injury attorneys work quickly and without protracted court trials to secure you the money owed to them quickly and quickly.

Discovery

Personal injury lawyers use the discovery process to collect evidence and witnesses that will be presented at trial, as well as reviewing case law, statutes and legal precedent in preparation for your case.

Interview witnesses, obtain CCTV footage and review medical and police reports before gathering physical objects that might serve as evidence in your case. They document any relevant objects before sending them directly to lab for testing – an essential step when defendants or manufacturers may try to destroy evidence that might help their case.

Your attorney will communicate and negotiate with insurance companies providing coverage for your claim, keeping you updated as to its status while helping prepare statements. Furthermore, they have extensive legal training that makes them familiar with any statute of limitation issues related to personal injury claims.

Trial

At about 10% of personal injury cases, both parties may elect to go through with a trial. This involves submitting and cross-examining evidence such as expert testimonies, accident photos and surveillance footage before being presented before a jury for adjudication. A jury will then decide whether the defendant caused their injuries to the victim as well as what compensation should be awarded in return.

Trial proceedings typically last several months. Your attorney will prepare for trial by filing pre-trial motions and conducting “discovery,” the process whereby both sides exchange information that might be useful in court proceedings.

Your attorney must negotiate for full and fair damage recovery, which includes current and future medical expenses as well as property damage. Furthermore, non-economic damages such as pain and suffering, loss of enjoyment of life and mental health impacts such as depression anxiety post traumatic stress disorder (PTSD) insomnia must also be factored into this. Your lawyer will consult medical experts in order to quantify these items.

Settlement

Your Cellino Law attorney will consider all the facts of your case when negotiating a settlement offer for you, including severity of injuries sustained and future medical treatments that may be required, lost work time and out-of-pocket expenses incurred due to their accident.

Your attorney will do all they can to reach an agreement with the defendant; otherwise they will prepare for trial by taking depositions (recorded interviews with witnesses under oath) and filing various pre-trial motions.

No matter the outcome of a settlement or trial, your lawyer will arrange for the defendant’s insurer or court system to pay your settlement checks directly or file suit in order to collect them from their insurance provider or collection agent. Your lawyer will keep you informed throughout this process; just make sure that any new information that might pertain to your damages claim (e.g. medical records and additional expenses) reaches them promptly so they can take appropriate steps against their insurance company/court system accordingly.

Please see the resource below to learn more about the experts that may testify in your case.