A Personal injury lawyer is a lawyer who specializes in helping injured people get fair compensation for their losses, including medical bills, lost wages, property damage, and pain and suffering. Injury lawyers can also help you understand the laws of your state and how they apply to your specific case. They will be familiar with tort law, the legal concept that when someone is harmed by another’s negligent or reckless behavior, that person can seek recovery of monetary damages in civil court.
In a personal injury lawsuit, the plaintiff or their family, in the case of a death must show that the person who harmed them did not act as a reasonable person would have under similar circumstances and that this failure caused actual harm to the plaintiff. To establish causation, the injured party must provide evidence such as medical records, witness testimony, and expert testimony.
A knowledgeable personal injury lawyer can handle all of these aspects of a case for their clients. They can help to gather and organize evidence, perform discovery, and prepare the claim for settlement or trial. They can even help with insurance issues, such as dealing with aggressive or incompetent insurance company representatives.
There are many different types of personal injury cases, and each has its own unique facts and laws. For example, if you are injured by a defective product, your injury lawyer will need to know the law regarding design defects and how state consumer protection laws apply. In some states, you may be able to sue the manufacturer of a dangerous or defective product in addition to the retail store that sold it.
Other examples of personal injury claims include medical malpractice, motor vehicle accidents, and premises liability cases. If you are injured by the actions of a government agency or public employee, it can be more challenging to prove negligence. Moreover, there may be shorter time limits to file claims against the government.
Some claims involve special damages, which are measurable costs that can be itemized, such as medical expenses and lost earnings, and general damages, which are not measurable but still include items like emotional distress, loss of enjoyment of life, and the effects of defamation. The attorney will need to review the case and determine which damages you are eligible to receive.
When you have a strong, winnable personal injury case, your lawyer will work hard to get a fair settlement for your losses. A good lawyer will not settle for less than you deserve, but will be prepared to go all the way to trial if necessary. A reputable attorney will keep you updated throughout the process and be willing to answer your questions as they arise. In addition, they will explain the pros and cons of accepting a settlement offer or going to trial. This can make the difference between getting a fair settlement and no settlement at all. They will also help you understand the nuances of New York law when it comes to personal injury cases.