- February 28, 2023
- Posted by: Dervishi Law
- Category: Personal Injury
Personal injury cases can result in some of the most serious types of injuries. You should not take them lightly, especially when you know the person involved is your loved one. Accident victims choose a reputable personal injury attorney to handle these cases.
Before you even talk to an insurance adjuster, you should be seeking legal representation for a personal injury lawsuit. Police reports show that the most common cause of personal injury cases is negligence.
Understanding Personal Injury Law
New York law classifies personal injury cases under civil law. If you get injured because of a business’s or someone else’s negligence, a personal injury law helps you as the victim. When you suffer an injury, you should seek substantial financial compensation from the liable party. Personal injury attorneys file a personal injury claim against them on your behalf for you to recover monetary damages. When the insurance company refuses to enter into settlement negotiations, a personal injury lawyer has to involve the court.
Understanding personal injury cases
When you suffer an injury because of someone else’s negligence or carelessness, you can file a personal injury claim against them. When you suffer an injury because of someone else’s negligence or carelessness, a personal injury case applies in this circumstance. Seeking legal counsel from your New York law firm helps you understand these laws.
Common types of personal injury cases
The court can deal with these personal injury cases over 1,000 times in the same year. Some people do not get maximum compensation in these cases because they have poor legal representation.
When researching legal representation, ensure you take your time. Hire an experienced lawyer who will ensure you get maximum compensation from the individual or their insurance company.
Here is a list of the most common types of personal injury cases personal injury attorneys encounter:
Defective company products
People purchase products from many different companies all around the world. When you use that product and its injuries in any way, you can sue the company for selling harmful items. You may be able to file a lawsuit against the company; it does not matter if they did it intentionally or not.
Victims involved in domestic violence or assaults that cause injuries can file a personal injury claim. The person at fault can even go to jail, and the police reports will help you with your personal injury claim. You may be able to file a lawsuit against them for the suffering and pain they inflicted.
Law firms get these cases all the time. New York law states that the insurance company of the party who caused the auto accident should pay for your medical bills. Some of the personal injury accidents include:
- Auto injury accidents: Car accidents are the cause of most personal injury claims. Accident victims involved in auto wrecks resulting from someone else’s negligence should contact a personal injury lawyer immediately. A personal injury lawyer has to provide evidence showing that the other party caused your injury. The best-practicing personal injury law firm covers all accidents. These personal injury law firms cover motorcycle, bicycle, pedestrian, and car accidents.
- Slip and fall accidents: Broken railings and wet floors are some of the few examples of slips and fall resulting from someone else’s negligence. If the personal injury attorney and the witnesses can prove the cause of the slip and fall was someone else’s negligence, you will receive a fair settlement from the other party.
The people you expect to keep your life safe are the same ones who have been reported to have risked so many lives. On many occasions, lawsuits have been filed against these healthcare professionals for risking their lives. Injuries caused by your health practitioners can lead to future health and financial hardships. These malpractices include:
- Surgical errors.
- Wrong prescriptions.
- Anesthesia errors.
- Childbirth injuries.
- Delayed diagnosis.
Businesses can neglect the safety of their workers. Any work-related injury can even make you lose the ability to earn your daily income. When you are injured, you will incur expensive medical costs that your medical coverage cannot pay for.
You need a lawyer who specializes in personal injury cases at workplaces. Get an experienced attorney who will ensure you get a fair settlement to cover the damages from the accident.
People who have lost a loved one as a result of someone else’s negligence are considered victims in a personal injury case. The family left can file a personal injury case against the party involved. Paying for medical bills and funeral expenses can be financially draining. You will receive compensation from the party at fault to cover those expenses. Look for a personal injury attorney who has handled personal injury cases of this sort.
Even after sending multiple insurance adjusters, it is hard to convince the insurance company to pay for the injured party’s medical expenses and damages. Your state law determines who is paying for your injury claim.
You and the party involved can agree without a jury trial. When the insurance companies refuse your settlement offer, a jury trial can be unavoidable.
Personal injury claims
A personal injury claim is to help you recover what you spent on medical bills and damages. The compensation you can get from the other party includes:
You need to keep track of the medical records and the record specialists. This information helps your personal injury lawyer in settlement negotiations with the other party.
Lost wages are the compensation you receive due to the wages you have lost since the date of the trial as well as the wages you cannot earn in the future because of the injury.
Loss of irreplaceable items
Did you lose any items in the accident? A personal injury attorney helps you get compensation for the items destroyed or damaged during the accident.
Wrongful death damages
The other party compensates the beneficiaries of a wrongful death caused by a personal injury for:
- Funeral and burial costs
- Loss of a companion
- Medical bills you incurred before the loss
- The loss of financial contribution.
- The mental distress you experience as a result of the loss.
The general process for personal injury claims
The state law you are in determines your injury case. The steps followed in filing a claim are the same in all states. The steps involved in the claim process include the following:
- Sending a demand letter. Your lawyer sends a demand later to the faulty party’s insurance company or the law firm. This later stipulates your injuries, medical bills, and why you believe the other party is at fault.
- File a complaint against the party at fault.
- Go to court.
Your guide to filing a personal injury claim
Before anything, you must seek legal counsel to understand the legal system involved in a personal injury claim. You can ask a personal injury lawyer to help you know what is involved. Here is a list of the steps involved in filing a personal injury claim:
Meet up with your lawyer.
The right legal representation helps you to file a personal injury claim. Go with all the documents that will help you in the settlement negotiation. Your lawyer will negotiate a fairer compensation with the proper documents. A personal injury lawyer offers you a free consultation and works with you on a contingency fee basis. Most personal injury lawyers do not require you to pay for any advanced costs until you win that case.
File the case
Personal injury lawyers know that they should file your claim immediately. There are certain limitations that your state places on the filing of the case. New York law gives you one year to file your claim. Your lawyer should not take too much time before filing a case, as the time stipulated by each state is limited. The document specifies who you are suing and why you are suing.
Gather the evidence
You and the party at fault look for evidence during this phase to help with the case. You can schedule appointments with the witnesses and interview them to help with the claim. The personal injury lawyer you have can cater to medical record retrieval fees. After you have the medical records and the records of the damages in the accident, a personal injury lawyer helps you come up with a value for your claim.
Your injury lawyer will start negotiating with the law firm of the party at fault. Most personal injury attorneys agree with the settlement offer in this phase before going to trial. Hopefully, your attorney gets a fair compensation settlement to speed up the case. Taking your lawsuit to court is costly, and court proceedings take a long time.
If the settlement is fair, you must sign a document showing that you have accepted the negotiated amount. Your medical bills are reimbursed, and your attorney is compensated.
If the settlement offer is insufficient for you, the case moves to a trial. The jury gives both your party and the party at fault time to present their cases. Your jury will be the one to determine the settlement you receive. The jury might rule in your favor on your or the party at fault. If they rule in your favor, you will receive a settlement agreement. If they rule in favor of the other party, you lose the case and get no settlement offer. The parties can still file an appeal to make the judge change his decision.
10 Questions to Ask a Personal Injury Attorney?
Looking for a potential personal injury lawyer is the first step if you desire to win a personal injury lawsuit. You should prepare a short questionnaire to prepare you for your initial consultation with your lawyer. Here is a short list of questionnaires to ask your personal injury attorney before moving forward with your case:
What are the legal fees involved?
Most Personal injury attorneys prefer to work on a contingency fee basis. This means your lawyer caters to any monetary damages in your lawsuit until the case is won. If you win the case and recover the monetary damages, your attorney takes between 25 and 40 percent of the compensation. Not all personal injury firms have experienced lawyers to handle this. You should be cautious when choosing an attorney, especially if you discovered them through attorney advertisements. A proven law firm will not sign clients up if they know your case will not receive maximum attention.
If the case is lost, will I pay for the case-related costs?
Some attorneys charge you for any case-related costs they incur for the lawsuit as part of the contingency fee agreement. Ask for a personal injury claim if you have to pay advanced costs. The out pocket costs your attorney may advance include filing fees, medical record retrieval fees, and expert witness fees. Most personal injury lawyers do not make it your responsibility to pay these additional costs, but some might want you to pay for that cost. If you lose the case, take it to your attorney and determine how much compensation you should receive.
Who will handle my case?
Ask your law firm who the contact person will be. If they give you less experienced associates, you need to ask the law firm if there will be any supervision. You’ll likely see your lawyer after you sign the representation agreement, which is why you should ask this question. A law firm also has multiple lawyers, and in case you do not want the lawyer they assigned, they can always give the case to someone else.
Have you handled past clients’ cases like mine before?
Do not assume that the lawyer they assigned you has handled personal injury cases before. This information ensures that you are giving your case to an experienced lawyer. Remember, these lawyers specialize in other different cases. Hire a lawyer who has more experience in personal injury cases.
Can I contact one of your past clients?
A lawyer’s past client cases can tell you more about his experience in personal injury cases. Ask a potential personal injury lawyer to give you the contacts of his past clients. Do not depend on attorney advertisements to get this information. Remember, the information on their website has been edited over the years. Take some time to talk to past clients and ask them about the advantages and shortcomings of your potential personal injury lawyers.
What is my role in the lawsuit?
Most clients hire lawyers and let them handle their cases while they carry out their daily duties. Ask your lawyer what he expects from you. If you are involved in your case, you should attend depositions and meetings. If your lawyer allows you to do so, why not be involved? This helps you be on the same page with your injury attorney.
How long will the resolution take?
A personal injury lawyer should be able to determine the duration of the personal injury claim. Your lawyer should be able to give an estimate of the duration of the jury trial. If your lawyer understands the legal system better, a resolution will be reached soon, and you will be compensated very soon.
Will my case proceed to a jury trial?
Your attorney should always inform you of the probability of your case proceeding to trial. If this happens, a personal attorney will prepare you for the jury trial. In this way, you can prepare enough evidence and prepare yourself for the win. If your case proceeds to a trial, ensure you get a fair settlement offer.
What is my case worth?
A personal injury attorney should have a rough idea of how much settlement you can get from the case. Your attorney will explain the various factors that may impact your settlement offer. Research your claim estimate because your attorney might give an unrealistic estimate, which will affect your case.
How am I supposed to dedicate myself to the case?
You need to know the time involved, as this enables you to balance work, family, and the case. If informed of the time, you can prepare your schedule early and ensure that you attend all the meetings required by your lawyer. Your attorney also has other cases he needs to attend to, so you need to ask him how much time he will dedicate to your case.
Are you looking for an experienced personal injury law firm in New York?
Visit the Dervishi Law Group in the Bronx, New York, today. We offer free consultation services to our clients. Our law firm has the best personal injury lawyers in the state who ensure you get maximum compensation from your lawsuit. Don’t hesitate to call us at 917 300 0797 to schedule an appointment today.