After a serious accident, the paperwork starts before the pain eases. Hospital bills arrive, work may be off the table for weeks, and an insurance adjuster wants a statement. Meanwhile, nobody has explained who is legally responsible.
The American Bar Association describes a personal injury settlement as taking compensation in exchange for closing out the claim, and it says the decision to accept belongs to the client. A good lawyer fits in here. Top injury lawyers look into what happened, deal with the insurers, work out what the damages are, and explain each step as it comes. What they can’t do is promise a result.
We at The Lawyer Firm serve clients across New York City in personal injury and wrongful death cases. This guide discusses what type of assistance this is, what one can expect during the process, and how to go about selecting a lawyer.
What Do Injury Lawyers Do After a Serious Accident?
An injury lawyer starts by figuring out how the accident happened and whether someone else may be legally responsible. They look at the circumstances of the incident, the injuries that were reported, and the losses that could matter to a claim.
That review can draw on accident reports, medical records, photographs, witness information, insurance documents, and employment records. From there, the lawyer weighs how well the evidence supports the claim and whether anything else needs to be gathered.
A responsible lawyer will also be upfront about where the case is strong and where it’s uncertain, and won’t promise a particular result.
How Do Personal Injury Lawyers Handle Insurance and Settlement?
Personal Injury Lawyers can take over communication with insurance companies and the other parties in a claim. That might mean reading through correspondence, answering requests for information, and presenting the details of the injury and the losses that followed.
When an insurer makes a settlement offer, the lawyer can explain what it says and how it lines up with the evidence, the circumstances, and the losses involved. Negotiation may follow if it makes sense.
The final decision on a settlement is the client’s. The American Bar Association explains that a lawyer can assess an offer and give legal advice, but whether to accept it is up to the client.
What Should You Look for in Top Injury Lawyers?
“Top injury lawyers” does not need to be synonymous with those ranked high in a list online. There are some practical inquiries that help determine which lawyer is best for your case:
- Experience: Have they dealt with similar injury cases and understand the law in your state?
- Communication: Who is going to take care of your case? How will you keep track of how things are progressing? Whom do you contact if you have any questions?
- Honest assessment of your case: Can they honestly point out where your case is strong and where it is weak, rather than guaranteeing an outcome?
- Fees: How are they going to be compensated? What about the case expenses?
The state of New York mandates that all lawyers inform clients about fees and expenses. The contingency fee agreements come with additional requirements.
When Is a New York Personal Injury Lawyer Relevant?
A New York Personal Injury Lawyer may be relevant when an accident happens in New York and questions come up about liability, insurance, injuries, or potential damages.
Timing matters here. New York has specific statutes of limitation, and the deadline depends on the type of claim. New York Courts currently list three years for many car accident and other negligence-based personal injury claims. Claims against government entities can carry different, shorter requirements, including notice rules.
These deadlines apply to New York and shouldn’t be treated as a nationwide rule. Which law applies depends on the state and the facts of the claim.
When do you need a wrongful death claim attorney?
If an accident leads to the death of the person, there are some differences in the legalities involved compared to a regular personal injury case. A Wrongful Death Claim Attorney can guide the right party through the process of understanding the claim, processes involved, possible damages, and filing procedure.
For instance, in New York State, the wrongful death lawsuit is initiated by the duly authorized personal representative of the deceased individual and needs to be filed within two years from the date of the incident, except for some statutory exceptions.
Each state has its own laws relating to wrongful death claims, so families should seek guidance based on their own state laws.
What Happens After Hiring an Injury Lawyer?
Once you hire a lawyer, the case moves forward based on its circumstances and the legal requirements that apply. If a lawsuit becomes necessary, it may go through discovery and other court procedures. Some personal injury claims are resolved through settlement and never reach trial.
If you’re comparing top injury lawyers, look at their relevant experience, how clearly they communicate, whether they give you an honest read on the case, and how well they explain the legal process. The Lawyer Firm provides personal injury and wrongful death representation for New York clients, and you can reach out to talk through the circumstances of a potential claim and how the process works.
Frequently Asked Questions
1. Which lawyer specializes in various kinds of injury claims?
There are some cases wherein injury lawyers may specialize in different injury claims depending on their expertise and practice and on the applicable law in the claim.
2. How much is a personal injury claim worth?
There is no specific figure that represents the value of each personal injury claim. This will depend on several elements such as injuries, damages suffered, proof, liability, and applicable law.
3. Is there any possibility that an injury lawyer will talk with the insurance company?
This will depend on the agreement on the form of representation between the client and the lawyer. The lawyer can talk with the insurance company as part of his or her responsibilities.
4. How are personal injury lawyers paid?
The fee arrangement may differ from one injury lawyer to another. There are injury lawyers who have contingency fee arrangements wherein the agreement will specify the fees charged.
5. Can a personal injury claim be settled without going to court?
Yes. There is a way that a personal injury claim can be settled without having to go to court.