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How a Personal Injury Lawyer Can Help

A personal injury lawyer can assist those who have been injured in an accident, or any other type of injury. They can communicate and negotiate with insurance companies on your behalf, allowing you to focus on your health.

They also interpret medical records and act as an intermediary between you and your doctor. They can also establish four essential elements for a successful claim including duty, breach caused, cause and damages.


Liability Analysis

Many personal injury lawyers in New York specialize in certain types of injuries. This could include surgical errors and car accidents. They may also include construction site injuries, wrongful death claims, and even car accidents. Lawyers with these backgrounds have vast experience that can be used to build your case, and to level the playing field against large insurance companies and corporations.

Four elements are required for a successful claim: breach of duty, duty, of duty, causation, and damages. The lawyer will examine the details of your case, such as medical reports and police records, to determine if you are able to claim monetary compensation.

Your lawyer will also help you assess your future medical expenses. Your lawyer will speak with a medical expert in the specific condition you have and calculate the amount of money you’ll need to spend on long-term care such as the treatment for psychiatric or physical therapy. They will also evaluate the current and future value of your loss of property as well as lost wages.

Some personal injury lawyers charge a flat fee to start working on your case, while others are on a contingency fee. You’ll not have to pay anything upfront, and your lawyer will only take a percentage of any award that is made. Typically, this will be 33% to 40 percent of the award. Additionally, some lawyers will even provide free consultations. This is an excellent opportunity to determine if the attorney is a good fit to your needs.

personal injury lawyer attorney for Settlement or Trial

During the pre-litigation period attorneys collect and review all documents, evidence and information relating to your accident. During this period, they also conduct research on the verdict and injury to determine the fair settlement amount for your case. When your lawyer is ready to begin negotiations, he will send an insurance demand letter that outlines all your losses to the party at fault. These losses include medical expenses or lost wages as well as discomfort and pain.

Insurance companies want to settle claims as quickly and cheaply as possible. Therefore, it is important to have a seasoned personal injury attorney on your side. Your lawyer can look over the initial offer from the insurer and negotiate for an amount that is higher. This will ensure that you receive full and fair compensation.

Your attorney will prepare all the documents necessary to finalize the agreement once your claim reaches settlement stage. This includes a release of all claims against the defendant, a permission to withdraw funds from your bank account, and an explanation of your current medical needs. The court may order you to submit to an examination with a doctor chosen by the defendant. If you do not agree to attend the exam and the defendant is able to make a motion to dismiss your lawsuit with prejudice.

Your lawyer will go over the documents with you in order to identify any issues and make sure that they are in compliance with legal requirements. Your lawyer will deduct the agreed-upon amount as well as any expenses incurred in preparing for the next phase of your case, if you sign the documents.

Filing an action

When someone else’s negligence or wrongful act causes harm to you it can have a lasting effect throughout your life. Physical pain, a loss of enjoyment in life and financial burden could take a severe toll on your loved ones and you. You could seek compensation for these loss.

An attorney for personal injuries can assist you in filing an action against the responsible parties. The process involves sending legal documents to the court and delivering them to defendants. The complaint should include your arguments, evidence and the facts that support your claims, as well as the relief you’re seeking from the defendant (i.e. damages).

If the defendant has displayed reckless negligence or a disregard for your safety, you may be entitled to punitive damages in addition to your compensatory damages. This will penalize the defendant and act as a deterrent for others.

During this time your lawyer and legal team will be working tirelessly to create a compelling case on your behalf. This will include medical records, photographs and other documents such as eyewitness statements and depositions from medical experts, and investigations. Once the attorney and legal team are satisfied that they have a compelling case they will then discuss with opposing counsel in order to settle a settlement that is suitable to your particular situation.

Representation at Trial

If it becomes apparent that a trial is necessary to secure the appropriate compensation for your injuries, your lawyer will prepare to participate in a jury trial. This will require a significant amount of time and effort which your lawyer will devote into constructing the strongest case on your behalf. Your attorney and you may agree to a settlement outside of court, but this process is more risky.

When determining the right amount of compensation for your injuries your personal injury lawyer will consult with medical experts in your specific condition to determine the future costs such as physical therapy or visits to your neurologist. They will consider your lost wages along with pain and suffering as well as the impact your injuries can have on your quality-of-life.

Morgan Morgan and Morgan’s team will take care of your claim based on a contingency-based basis, meaning you won’t be required to pay any upfront costs. Depending on the state that you reside in, this may include the defendant paying for your attorney’s fees as well. This system evens out the playing field between you and a Goliath insurance company or other large corporations that have their own lawyers on retainer. It also gives you access to an attorney team with the size and strength to take on these giant corporations.