The Process of Filing a Personal Injury Claim

If you were injured by another person or company’s negligent or reckless actions, you have a legal right to compensation. A skilled injury lawyer will guide you through the complicated, time-consuming process of pursuing your claim. They will review relevant statutes, case law, and common law, as well as the laws in your state regarding personal injury cases.

The first thing a personal injury lawyer will do is gather evidence. They will request medical records, police reports, correspondence with insurance companies, and income loss statements from you. The sooner you give these to your attorney, the faster they can get started on the case.

They will also need to secure physical evidence. For example, if a defective product injured you, your attorney will have it stored or sent for non-destructive testing. They will not relinquish the product to the defendant or their insurance company until this step is complete.

Once they have the necessary information, they will perform a liability analysis. This involves examining your claim, the law, and the facts of your case to determine who was responsible for the incident that caused your injuries. This is a complex process and may require extensive research. It is important that you and your lawyer take this step seriously because it can make or break your case.

If you have been injured by an intentional tort, such as a malicious prosecution or battery, you can file a claim against the perpetrator under a different section of the law called strict liability. However, you will need to prove that the defendant’s actions were extreme and outrageous, resulting in severe emotional distress. If you are able to do this, your case will likely be rewarded with substantial damages.

The most common accident-related lawsuits that lead to compensation include motor vehicle accidents, slip and fall incidents, and workplace injuries. In most cases, victims seek monetary compensation for their injuries and related losses. These can include expenses for repairs or replacements to damaged property, medical bills, and lost wages, among others. A New York City injury attorney can help you recover compensation for these costs.

Many times, multiple parties are to blame for an accident. Your injury lawyer will work to identify all parties that are liable for compensating you. For example, in a medical malpractice claim, your injury lawyer will investigate the doctor who provided substandard care as well as the clinic that employs them. A legal doctrine known as vicarious liability may allow them to pursue the clinic’s owners as well.

Likewise, in a product liability case, your injury lawyer will explore every business that touched the defective product in its stream of commerce to find all liable parties. They will also be able to demonstrate your diminished quality of life by working with medical professionals to establish an Abbreviated Injury Scale (AIS) score. This will enable them to demand a settlement that fully covers your future medical costs, pain and suffering, and lost quality of life.