If you are a victim of an accident, there can be several questions running through your mind at the same time as you are trying to handle the trauma of the accident and the complications from your injuries. Understandably, one of the first questions that come to mind is the legal implications of the accident, and whether you need to retain a personal injury lawyer to handle those implications.
If you are a victim of an accident, there can be several questions running through your mind at the same time as you are trying to handle the trauma of the accident and the complications from your injuries. Understandably, one of the first questions that come to mind is the legal implications of the accident, and whether you need to retain a personal injury lawyer to handle those implications.
You may not need legal counsel in case of a minor accident. However, if the nature and extent of your injuries are severe, you may require the knowledge and expertise of an experienced personal injury attorney to protect your legal interests.
Even though your insurance company and the insurer of the other party will have teams of personal injury lawyers, their loyalties lie with the insurance companies, with their primary aim being minimizing the losses for their clients.
Assessment of Your Pain and Suffering for Monetary Compensation
In an accident, there are evident injuries that one can measure in terms of monetary compensation. However, the victim’s pain and suffering caused by the defendant’s negligence or misconduct are non-economic damages.
The amount of compensation that a victim can recover under the New York law for their pain and suffering may vary greatly, depending upon the nature and extent of the injuries.
In an out-of-court settlement, your attorney negotiates with the defendant’s attorney for compensation for your pain and suffering. Your attorney studies monetary compensation awarded in similar cases in assessing your case to arrive at a settlement demand for compensation.
In case of a trial, the decision to award monetary compensation for your pain and suffering lies in the hands of the jury. Your attorney presents material evidence and depositions by medical, economic, and life-care experts to support your compensation claim.
Do I Have a Compelling Personal Injury Case?
The vital factor that determines if you have a strong personal injury case is your attorney’s ability to establish liability and damages. Under NY law, any plaintiff filing a personal injury claim needs to prove that the defendant is liable for the injuries caused by negligence or misconduct, and establish the nature and scope of the injuries and damages.
If your injuries in an accident are the result of another individual or entity’s negligence and there is substantial evidence to prove liability and damages, you must contact a competent personal injury attorney to review your case.
When Do I Need A Personal Injury Attorney?
Each accident and the subsequent injuries resulting from it are unique in their nature and scope. However, with the use of certain markers, you can determine whether your case warrants the retention of a personal injury attorney. Let us discuss some of these parameters:
You Suffered Grievous Injuries
If the accident left you seriously injured or permanently disabled, you need a personal injury lawyer without a doubt. Your injuries’ severe nature and extent could mean lifelong pain and suffering and consequent medical treatment bills.
A personal injury attorney becomes essential in this scenario to help you prevent long-term financial stress that you and your family are likely to face. Schedule an initial consultation with an experienced personal injury lawyer, which is usually free, to discuss your case.
You Were Involved in an Accident but Are Not Sure Who Might Be at Fault
If you are not clear whose fault caused the accident, you must seek legal counsel at the earliest. Such situations give the insurance companies a chance to try to pin the blame for the damages on you. An experienced attorney can help protect your legal rights and skillfully defend you if you face any counterclaims.
The Accident Involved Multiple Parties
If you are a victim of a multiple car crash, or an accident involving multiple entities, consulting with a lawyer becomes paramount to protect your legal rights as well as seeking compensation in a complicated case.
Skilled personal injury attorneys have the in-depth knowledge and experience to deal with multiple insurers and entities. At the same time, your lawyer can help build a case against multiple entities in your favor, so that you stand to recover the maximum possible compensation for your injuries.
Denial or Delay of Your Claim by The Insurance Company
Insurance companies play on the fact that their tortuous paperwork and convoluted procedures are beyond the understanding of most people. Taking blatant advantage of this to deny legitimate claims, they are smug in the belief that you are helpless against the complicated process.
Similarly, they often delay claims to slowly squeeze the plaintiff, knowing fully well the desperate need for funds when the medical bills are piling up. If you are facing such a situation with the defendant’s insurance company, you must consult with a lawyer as soon as possible.
Why Do I Need an Experienced NY Personal Injury Lawyer?
Let us discuss some of the reasons that show the importance of working with a competent and qualified NYC personal injury lawyer, and what such an experienced lawyer can bring to your case:
- Experience in a Prudent Assessment of Your Claim
The significant experience of a skilled personal injury lawyer can help you save substantial time, effort, and money by assessing the true caliber and credentials of your case. Your lawyer, right at the initial review of your case, can help you decide whether it is worth pursuing or not.
- Contingency Fee That Reduces Your Risk
Most personal injury attorneys do not charge you a fee if you do not win your compensation claim. However, you are still liable to pay for services that are not directly linked to the legal work. These services may include expenses incurred by your attorney to gather evidence and testimonies, such as medical evaluation of your records.
- Cuts Through the Red Tape
Personal injury cases are a legal labyrinth involving complicated legal procedures, voluminous documentation, and confounding legal or medical parlance. You can rely on a proficient NY personal injury lawyer to handle all the complexities of your case that allows you to take care of the more pressing things in your life.
- Team of Experts from Varied Fields
There are multiple facets involved in establishing liability and damages in a personal injury case. Typically, experienced lawyers work closely with a team of professionals specializing in their respective technical fields. This team can comprehensively assess the medical, economical, and other technical aspects, thus helping your attorney to build a substantial case on your behalf.
- Dispassionate Objectivity
Since you are going through the trauma of your pain and suffering, it is bound to cloud your judgment in situations that require absolute equanimity and an ability to focus on cold, hard, legal facts.
A lawyer with years of experience in handling such cases can make assessments more dispassionately and objectively while being compassionate towards your suffering. This kind of lawyer can help veer you away from impulsive decisions that have the potential to damage your interests.
- Alternative Dispute Resolution (ADR)
There are different options available to litigants to resolve a case, apart from the complicated and arduous court trials. A skilled lawyer can effectively guide you based on your situation. An alternative dispute resolution technique like arbitration or mediation can save you money, effort, and time.
- Experience in Dealing with Opposing Attorneys
A knowledgeable and dedicated NYC personal injury attorney can bring with them vital litigation and negotiation experience. This experience is invaluable in working with the defendant’s attorney, especially during the negotiations involved in the settlement, and the fact-finding stage in litigation.
- Experience in Dealing with Insurers
An experienced personal injury attorney routinely works with insurers, thus becoming immune to the confusing and delaying tactics employed by the insurers. This type of legal professional will not settle for an inadequate and unfair claim under the pressure of an insurance company.
- Negotiating Skills to Ensure Fair Settlements
Most of the New York personal injury cases resolve by a negotiated settlement instead of going to trial. A personal injury lawyer with aggressive and balanced negotiating skills can help resolve your case quickly through a favorable settlement.
- Trial Skills
If your case goes to trial, you can count on a personal injury attorney who can present eloquent and impassioned arguments on your behalf to secure a jury verdict in your favor. An experienced litigation attorney can formulate an effective strategy to help you recover the rightful compensation for your injuries.
You Need to Pay a Personal Injury Lawyer Only After Settlement or Jury Verdict
Personal injury attorneys do not demand upfront fees or charge on an hourly basis. Instead, they follow the contingency fee policy where they do not charge you until you recover compensation either through a settlement or by winning a jury verdict. Simply put, the fee that you pay your attorney is contingent on the result of the case. The attorney recovers their fees only if the case is successful.
Hire a Top-Rated New York Personal Injury Lawyer Today
An established personal injury lawyer lends a compassionate ear, diligently collects evidence and information, clearly spells out all the options available, and guides the client in pursuing the best possible legal course for their case. The personal injury attorneys at Rosenberg, Minc, Falkoff & Wolff are capable and willing to make the litigation process less burdensome, and offer insights to help you through this complex process.
If you are a victim of an accident caused by the negligence of someone else, call Rosenberg, Minc, Falkoff & Wolff, LLP today at 212-344-1000 or contact us online.
