A personal injury lawyer helps people pursue legal recourse for physical, mental, reputational, or property damage. These damages may be caused by the intentional, accidental, or negligent actions of another person, a corporation, or even a municipal or government agency. Injury law encompasses a wide variety of cases, and it is one of the broadest areas of the legal field.
Injury lawyers can help clients navigate this complicated process by explaining the laws that apply to their case and interpreting medical or insurance jargon. They also advise against speaking directly with the at-fault party’s insurer or any other representatives, as doing so can have negative repercussions on the case’s outcome.
An injury lawyer must possess excellent communication skills to interact with clients in a way that is empathetic and understanding. This is because clients often go through periods of intense stress that can have a severe impact on their long-term well-being and the quality of their lives. The injury lawyer must be able to empathize with their client’s emotions while still being a steady presence and fighting for their rights in court.
When a client has been injured, the injury attorney must work to gather evidence that supports the claim for compensation. This includes medical records, police reports, and statements from witnesses. In addition, a lawyer must understand how to assess the extent of their client’s injuries, including the impact they will have on his or her future life.
A good injury lawyer can also explain the process of filing a personal injury lawsuit and assist in obtaining documents, records, and other information required to file. They can also provide an estimated amount of compensation for which their client may be eligible, which is typically based on the severity of the injury, its long-term impact, and associated costs.
While most injury claims are settled out of court, a skilled injury lawyer can also successfully take a case to trial if necessary. This is especially true in states with no-fault auto insurance, like New York. In such states, it is only possible to recover damages from an at-fault party if the injury meets a certain threshold, which includes significant disfigurement, loss of a limb or organ, permanent impairment of a body function, and serious permanent disfigurement.
The right injury lawyer can ensure that all relevant evidence is gathered and preserved, as well as filed in the correct time frame. A lawyer should also be familiar with the concept of duty of care, which is a responsibility that an individual or entity has to uphold in order not to cause harm to others. The injury lawyer must demonstrate that the defendant breached this duty and that the breach led to the accident and injury that their client suffered. The right lawyer can also provide expert advice on issues involving medical and financial evidence and the calculation of damages, including pain and suffering. They can help their clients obtain pay stubs or workers’ compensation statements to prove lost wages and loss of capacity to work.