- Personal injury lawyers evaluate your case, investigate, gather evidence, timely file paperwork to preserve your rights to compensation, and litigate your case.
- Attorneys also handle communications with insurance companies, negotiate settlements, and advocate for you in court when necessary.
- Personal injury attorneys handle motor vehicle accidents, slip and falls, and other negligence claims.
Dealing with the effects of a serious injury or accident is hard enough. Trying to heal while also pursuing compensation for your losses can be overwhelming. Insurance claims and personal injury lawsuits take a lot of time, paperwork, and effort, and you need a command of personal injury law in your state to avoid making mistakes that can net little or no compensation.
That’s why turning to an experienced personal injury lawyer can make all the difference. They are helpful guides and advocates who navigate the insurance and legal processes on your behalf after someone else’s negligence harmed you. They investigate your claim, determine liability, calculate your short- and long-term losses, and negotiate fair settlements so you don’t have to.
How Does a Personal Injury Attorney Handle Your Case Step by Step?
A significant amount of time, effort, and paperwork goes into pursuing compensation, and you have to meet deadlines and attend hearings throughout the personal injury claims process. Overall, what a personal injury attorney can do for you is level the playing field and take several steps to protect your rights and strengthen your case.
Case Evaluation
Potential plaintiffs benefit when an experienced personal injury attorney reviews their case before an insurance claim or lawsuit. A lawyer reviews the facts of the accident, the injuries, and the evidence. They then use this information to determine if you have a valid claim, your legal options, and what hurdles you may face in seeking compensation.
Most firms, including Chopra & Nocerino, offer free case reviews to help clients make informed decisions about how to proceed. You can expect several things during a free case evaluation that should help put your mind at ease.
Investigation and Evidence Gathering
Personal injury lawyers conduct thorough accident investigations and collect evidence, such as accident reports, medical records, photos, witness statements, and surveillance footage. They know how to obtain proof that might be difficult to collect on your own, such as video footage or maintenance records that the defendant controls.
Based on case experience, attorneys understand that some evidence collection must be an early priority to preserve it and avoid tampering or loss.
Legal Research and Analysis
Some personal injury cases are straightforward, but others become complicated by questions of liability and competing evidence. There may be disputes over interpreting laws, with defendants pushing for dismissals for technical or other reasons.
Personal injury attorneys analyze legal issues, examine relevant laws and regulations, and review previous court rulings that can affect your claim. They also interpret common law that guides situations not explicitly covered by statutes.
Handling Communication With Insurers and Opposing Parties
People recovering from injuries often face uphill battles against defendants, attorneys, and insurers who don’t want to compensate them fairly. Personal injury lawyers assume communications with these parties. They protect your rights and guard against others trying to take advantage of you.
For example, an insurance adjuster may ask you for a recorded statement, which they know could give them information to use against you. Your attorney can advocate for your interests and protect you against other tactics insurers employ to deny or minimize compensation.
An attorney also sends letters of representation to the appropriate parties and demand letters to insurance companies, in addition to handling all claim status updates.
Filing Legal Documents
Each state has a statute of limitations for personal injury cases that sets the deadline for filing a lawsuit. If you miss this deadline, a judge will dismiss your case. Time passes quickly when you’re working to properly gather evidence, talk to witnesses, and build a strong case.
Complicated paperwork in injury cases is time-sensitive and requires great detail. Personal injury lawyers also handle court filings, including the initial complaint, ensuring they are submitted before deadlines expire.
Advising on Medical Care and Resources
Many lawyers with a record of successfully handling personal injury cases have relationships with medical providers, accident reconstruction experts, and others whose professional opinions can bolster your claim. A network of skilled professionals requires significant vetting to verify they have sufficient credentials and knowledge to hold up in court.
A knowledgeable local attorney knows which doctors treat injuries similar to yours. Your treatment creates critical documentation of your injuries and their past and future effects on your life.
Reviewing Insurance Policies
You may have to communicate with your and the defendant’s insurance companies in your personal injury case. For example, your policy may provide medical benefits or cover you if an at-fault driver is uninsured or underinsured. However, you must file a third-party claim against the at-fault party’s insurance for damages your insurance doesn’t cover.
A knowledgeable personal injury attorney can review all relevant insurance policies to determine your best path toward compensation. Insurance policies are not always easy to understand, so it’s critical to partner with a respected lawyer to analyze coverage benefits, exclusions, and subrogation rights.
Negotiation
Experienced personal injury lawyers understand insurer tactics to minimize or deny payouts. An attorney can negotiate with the insurance company for you and fight for a fair settlement. Do not talk to an insurer without your lawyer present, as they may try to trick you into accepting fault or press you to take a low settlement.
Our personal injury attorneys have a strong reputation for negotiating fair settlements. We prepare every case as if it were going to trial, so insurance companies see the evidence against their clients and know they’ll have a fight on their hands if they don’t settle for a full and fair amount.
Litigation and Trial Representation
Most personal injury claims settle, but your lawyer can take your case to court if negotiations fail. Going to trial is a time- and work-intensive process. It involves preparing evidence and your witnesses, cross-examining the defendant’s witnesses, writing and presenting motions to the judge, and persuading a jury.
Calculating Damages
Determining your losses after an accident may involve a complex formula, and mistakes can cost you compensation. A skilled attorney can calculate your medical bills, lost wages, future care, pain and suffering, and other damages that address your accident’s short- and long-term impacts.
What Kinds of Cases Do Personal Injury Attorneys Take?
Personal injury law protects people when someone else’s negligence or intentional acts harm them and cause damages. It covers cases involving actions, such as going through a red light, and inactions, such as failing to fix property hazards.
Cases personal injury lawyers handle include the following:
Why Choose Chopra & Nocerino as Your New York Personal Injury Law Firm
Our highly skilled personal injury attorneys handle every step of your personal injury case. We possess over 20 years of combined experience across all types of personal injury claims and have recovered hundreds of millions of dollars for our deserving clients. We’re real New Yorkers committed to fiercely advocating for our clients and never backing down.
Our firm takes a client-centric approach, and our lawyers support people throughout their claims. Our clients aren’t case numbers, and we fight to make insurers, defendants, and juries truly see them and their damages. We fight for every penny because personal injury victims don’t deserve to carry the burdens of someone else’s actions.
We offer free case evaluations and work on a contingency basis. You don’t pay us unless we win. Learn your legal options today by calling 855-NYC-HURT or completing our contact form.
