A personal injury lawyer can help you navigate the complex legal process, gathering evidence, filing a claim, calculating the value of your losses, and building a case on your behalf.
Hiring a personal injury lawyer ensures that your rights remain protected as you pursue compensation to cover your losses.
It also ensures that the necessary steps are taken to keep your case moving forward while you focus on healing from your injuries.
If someone else is liable for your personal injury, you have the right to hold that person responsible for their negligent actions. A personal injury lawyer does all they can to explain what options you have for recovering compensation to help you determine which option is best for your case.
How a Personal Injury Lawyer Builds a Strong Case on Your Behalf
One of the first steps that a lawyer will take is conducting an investigation to determine liability and establish the total value of your losses. We will gather evidence, including:
- Medical records, eyewitness statements, and police reports
- Bills, receipts, and other records that document the financial losses you have incurred
- Estimates for any property damage you incurred as a result of the personal injury
- Video surveillance or photos from the scene
In some cases, such as medical malpractice or car crashes, we may hire experts who can testify to the negligence of the other party or who can recreate what happened to determine liability.
The evidence we gather will help us calculate the value of your case, which will put us in a stronger position when we are negotiating with the insurance company. It will also allow us to determine if you meet the serious injury threshold set by the state of New York. In order to pursue benefits beyond those provided by no-fault insurance laws, such as pain and suffering, you must prove that you have a serious injury. New York insurance law defines a serious injury as:
- Death
- Dismemberment
- Loss of a fetus
- A fracture
- Permanent loss of use of an organ or system
- Permanent consequential limitation, or use of a body organ, or limb
- A significant limitation of use of a body function or system
- Medically determined impairment or injury that prevents you from normal daily activities for at least 90 days
Damages You May Recover After a Personal Injury
If your injuries meet the state’s serious injury threshold, you may be entitled to pursue damages beyond what no-fault insurance covers. These damages can include:
Medical Expenses
You can recover the full cost of medical treatments related to your injury. This includes emergency room visits, surgeries, hospital stays, medications, physical therapy, and any necessary medical equipment.
Cost of Ongoing Care
In cases where your injury requires long-term care, you can seek compensation for ongoing medical treatments and assistance. This might involve home health care services, rehabilitation, and future surgeries or treatments that are directly linked to the injury.
Lost Wages
If your injury has caused you to miss work, you can recover the wages you would have earned during your absence. This ensures that you are compensated for the immediate financial impact of your injury.
Future Wages
For injuries that prevent you from returning to work or limit your earning capacity, you can pursue damages for the income you would have earned in the future. This calculation takes into account your salary, potential promotions, and career advancements you might have achieved if not for the injury.
Pain and Suffering
Pain and suffering damages compensate you for the physical pain and emotional distress caused by the injury. These are non-economic damages, meaning they do not have a direct monetary value but are assessed based on the severity and impact of the injury on your life.
Personal Property Damage
If any personal property was damaged or destroyed in the incident that caused your injury, you can seek compensation for repair or replacement costs. This might include vehicles, electronics, clothing, or other valuable items.
Pursuing a Wrongful Death Lawsuit
If your loved one died as a result of the seriousness of his or her injuries, you automatically meet the serious injury threshold and can pursue specific damages for this type of claim, including:
- Burial and/or funeral expenses
- Lost wages and benefits provided by the deceased
- Loss of consortium
- Loss of support and protection
Laws That May Impact Your Claim
Another way a lawyer can help is by explaining how certain laws can impact your case. New York’s statute of limitations, for example, generally requires you to file a claim within three years of your personal injury under NY § 214. In the event that you are pursuing a wrongful death claim, you generally must pursue a claim within two years or lost the right to compensation.
New York’s negligence laws can also impact your claim. Under NY § 1411, if you are found to be partially responsible for your personal injury, the amount of recoverable damages in your case will be diminished in proportion to the amount you contributed to your injuries.
FAQs
What does a personal injury lawyer do?
A personal injury lawyer provides legal representation to individuals who have been injured due to someone else’s negligence. They help clients recover compensation for their injuries by handling personal injury claims, negotiating with insurance companies, and pursuing personal injury lawsuits if necessary.
How do personal injury lawyers help accident victims?
Personal injury lawyers help accident victims by gathering evidence, interviewing witnesses, reviewing medical records, and building a strong case to prove liability. They also negotiate with insurance companies to ensure fair compensation for medical expenses, lost wages, and other damages.
What types of personal injury cases do personal injury attorneys handle?
Personal injury attorneys handle a wide range of cases, including motor vehicle accidents, slip and fall accidents, medical malpractice, construction accidents, and truck accidents. They also deal with cases involving property damage and emotional distress.
How do personal injury lawyers gather evidence for a case?
Personal injury lawyers gather evidence by collecting accident reports, reviewing medical records, interviewing witnesses, and conducting legal research. They may also work with experts to reconstruct the accident scene and provide testimony.
What is a contingency fee basis in personal injury law?
Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if they successfully recover compensation for their clients. This arrangement allows injury victims to pursue legal action without upfront legal fees.
What can I expect during an initial consultation with a personal injury attorney?
During an initial consultation, the personal injury attorney will evaluate your case, discuss the details of the incident, and advise you on the best course of action. Many personal injury law firms offer free consultations to assess potential claims.
How do personal injury lawyers negotiate with insurance companies?
Personal injury lawyers negotiate with insurance companies by presenting a demand letter outlining the client’s injuries and damages. They use gathered evidence and legal arguments to seek a fair settlement, and if the insurance company refuses to offer fair compensation, they may proceed with a lawsuit.
What are the benefits of hiring an experienced personal injury lawyer?
Hiring an experienced personal injury lawyer ensures you have expert legal representation to navigate the complex legal system. They have the skills and knowledge to maximize compensation for medical bills, lost wages, and other personal injury damages.
What should I do if an insurance company refuses to pay a fair settlement?
If an insurance company refuses to pay a fair settlement, a personal injury attorney can file a personal injury lawsuit on your behalf. They will represent you in court, advocate for your rights, and work to secure the compensation you deserve.
How do personal injury attorneys help with medical expenses and lost wages?
Personal injury attorneys help clients recover compensation for medical expenses and lost wages by documenting all related costs and presenting this information during negotiations or in court. They ensure that all economic losses are accounted for in the claim.
What role does emotional distress play in personal injury claims?
Emotional distress is a significant component of personal injury claims. Personal injury lawyers work to demonstrate how the injury has affected the client’s mental health and overall well-being, seeking compensation for this non-economic damage.
How do personal injury law firms support injured clients throughout the legal process?
Personal injury law firms provide comprehensive support by handling all aspects of the legal process, from filing claims and gathering evidence to negotiating settlements and representing clients in court. Their legal team ensures that clients receive the best possible outcome.
What is the claims process for a personal injury case?
The claims process for a personal injury case involves filing a personal injury claim, gathering evidence, negotiating with the at-fault party’s insurance company, and potentially filing a lawsuit if a fair settlement cannot be reached. Personal injury lawyers guide clients through each step.
How do personal injury lawyers handle personal injury lawsuits?
Personal injury lawyers handle lawsuits by filing the necessary legal documents, representing clients in court, and advocating for their rights. They work to prove the at-fault party’s negligence and secure maximum compensation for their client’s injury.
What are some common personal injury damages that injury victims can recover?
Injury victims can recover various damages, including medical expenses, lost wages, pain and suffering, property damage, and emotional distress. Personal injury attorneys work to ensure all damages are fully compensated.
Can personal injury lawyers assist with alternative dispute resolution?
Yes, personal injury lawyers can assist with alternative dispute resolution methods, such as mediation or arbitration, to settle disputes outside of court. This approach can save time and legal expenses while achieving a fair settlement.
What should I look for in a good personal injury lawyer?
A good personal injury lawyer should have experience handling similar cases, a successful track record, strong negotiation skills, and a commitment to client advocacy. Personal injury law firms with positive client reviews and a reputation for fairness are also desirable.
How do personal injury lawyers ensure fair compensation for their clients?
Personal injury lawyers ensure fair compensation by thoroughly investigating the case, gathering strong evidence, accurately documenting all damages, and aggressively negotiating with insurance companies or presenting a compelling case in court.
What is the role of a neutral third party in personal injury claims?
A neutral third party, such as a mediator or arbitrator, facilitates discussions between the injured party and the at-fault party to reach a fair settlement. Personal injury attorneys can represent clients in these proceedings to ensure their interests are protected.
How do personal injury law firms handle legal fees and expenses?
Personal injury law firms typically handle legal fees on a contingency fee basis, meaning clients pay nothing upfront. The firm covers all legal expenses during the case and deducts their fee and costs from the final settlement or court award.
What is the importance of legal representation in personal injury cases?
Legal representation is crucial in personal injury cases to navigate the legal system, protect the injured party’s rights, and ensure they receive maximum compensation. An experienced personal injury lawyer can effectively handle all legal aspects and provide valuable support to injury victims.
Rosenberg & Gluck, L.L.P. Wants to Help You
If you or someone you love has suffered serious personal injuries, contact Rosenberg & Gluck, L.L.P. today at (631) 994-1910 for a free evaluation of your case. We can assist clients in Spanish, too. A personal injury lawyer does what they can to help their clients—we do not take this responsibility lightly.
For a free legal consultation, call 631-451-7900
How a Personal Injury Lawyer Builds a Strong Case on Your Behalf
One of the first steps that a lawyer will take is conducting an investigation to determine liability and establish the total value of your losses. We will gather evidence, including:
- Medical records, eyewitness statements, and police reports
- Bills, receipts, and other records that document the financial losses you have incurred
- Estimates for any property damage you incurred as a result of the personal injury
- Video surveillance or photos from the scene
In some cases, such as medical malpractice or car crashes, we may hire experts who can testify to the negligence of the other party or who can recreate what happened to determine liability.
The evidence we gather will help us calculate the value of your case, which will put us in a stronger position when we are negotiating with the insurance company. It will also allow us to determine if you meet the serious injury threshold set by the state of New York. In order to pursue benefits beyond those provided by no-fault insurance laws, such as pain and suffering, you must prove that you have a serious injury. New York insurance law defines a serious injury as:
- Death
- Dismemberment
- Loss of a fetus
- A fracture
- Permanent loss of use of an organ or system
- Permanent consequential limitation, or use of a body organ, or limb
- A significant limitation of use of a body function or system
- Medically determined impairment or injury that prevents you from normal daily activities for at least 90 days
Damages You May Recover After a Personal Injury
If we determine that your injuries meet the state’s serious injury threshold, we can pursue damages that no-fault insurance laws do not cover, including:
- Medical expenses
- The cost of ongoing care
- Lost wages
- Future wages if you are unable to return to work
- Pain and suffering
- Emotional distress
- Disfigurement or dismemberment
- Personal property damage
Click to contact our personal injury lawyers today
Pursuing a Wrongful Death Lawsuit
If your loved one died as a result of the seriousness of his or her injuries, you automatically meet the serious injury threshold and can pursue specific damages for this type of claim, including:
- Burial and/or funeral expenses
- Lost wages and benefits provided by the deceased
- Loss of consortium
- Loss of support and protection
Complete a Free Case Evaluation form now
Laws That May Impact Your Claim
Another way a lawyer can help is by explaining how certain laws can impact your case. New York’s statute of limitations, for example, generally requires you to file a claim within three years of your personal injury under NY § 214. In the event that you are pursuing a wrongful death claim, you generally must pursue a claim within two years or lost the right to compensation.
New York’s negligence laws can also impact your claim. Under NY § 1411, if you are found to be partially responsible for your personal injury, the amount of recoverable damages in your case will be diminished in proportion to the amount you contributed to your injuries.
Rosenberg & Gluck, L.L.P. Wants to Help You
If you or someone you love has suffered serious personal injuries, contact Rosenberg & Gluck, L.L.P. today at (631) 994-1910 for a free evaluation of your case. We can assist clients in Spanish, too. A personal injury lawyer does what they can to help their clients—we do not take this responsibility lightly.
