Personal injury lawyers are attorneys who specialize and provide legal representation to individuals who have been injured (either physically or psychologically) due to the negligence or wrongful conduct of another entity. Individuals, professionals, private companies, and even government institutions may be pursued and held liable by such lawyers. They specialize in tort law, which is an area of law that deals with civil wrongs and damages.
Personal injury lawyers handle a wide range of cases, including but not limited to:
- Motor vehicle accidents
- Slip and fall accidents
- Medical malpractice
- Product liability
- Workplace accidents
- Premises liability
- Wrongful death
- Nursing home abuse
- Dog bites
- Assault and battery
Through the help of personal injury lawyers, victims may be compensated for damages they incurred. Such damages include medical expenses, lost wages, pain & suffering, emotional distress, and other injuries/trauma.
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1. Investigating Your Case
Much like medical malpractice claims, all other cases of personal injury require a thorough initial investigation. Through the help of your personal injury lawyers, your team may acquire all pieces of evidence that are relevant to your claim. Your lawyers can help you:
- Understand the specifics of your case based on your perspective;
- Collect all official documents/recordings that may help your case;
- Consult with field experts to get a baseline for your claim;
- Conduct key witness interviews; and lastly
- Research relevant and applicable laws for your claim.
Note that only evidence acquired by licensed professional lawyers may be usable in court. Ultimately, the goal of this initial investigation is to establish and strengthen your claim.
Before further legal action can be taken, your legal team must first pinpoint the following key elements:
| 1. Duty of Care – How is the potentially liable party responsible for your well-being? |
| 2. Breach of Duty – Did the defendant perform poorly/negligently based on these responsibilities? |
| 3. Causation – Did the defendant’s negligence directly cause you harm? |
| 4. Damages – What did these errors cost you? |
It’d be best if you reach out to a personal injury lawyer as soon as possible. In New York, various statute of limitations apply to different cases. Your transparency is crucial to winning your case. Make sure to provide only accurate and honest accounts to your legal counsel.
2. Assessing Damages
Personal injury lawyers assess damages by carefully evaluating the losses and expenses their clients have incurred due to the incident. This assessment helps determine the appropriate amount of compensation to seek especially for those who are seriously injured. All damages (economic and non-economic considered) should be compensated by liable negligent parties.
These damages typically include:
| DAMAGE | DESCRIPTION |
| Medical expenses | This includes all medical bills related to the injury, such as hospital stays, surgeries, medications, therapy, and any anticipated future medical costs. |
| Lost income | If the injury has caused the client to miss work or lose earning capacity, the lawyer will calculate the wages lost and potential future income loss. |
| Property damage | If any personal property, such as a vehicle, was damaged in the incident, the lawyer will assess the cost of repairs or replacement. |
| Pain and suffering | This refers to the physical pain and emotional distress caused by the injury. Lawyers use various methods to assign a monetary value to pain and suffering. |
| Emotional distress | Injuries can lead to psychological issues like anxiety, depression, or post-traumatic stress disorder (PTSD). These emotional damages are considered when assessing compensation. |
| Loss of enjoyment | If the injury has prevented the client from participating in hobbies, activities, or other aspects of life they previously enjoyed, this loss may be factored into the damages. |
| Loss of consortium | This refers to the impact the injury has had on the client's relationship with their spouse, such as loss of companionship, affection, or sexual relations. |
In New York City alone, there were 18,895 reported personal injury claims (against the city) in 2023. The city paid out a total of $739.6 million to settle these claims. This rounds out to about $39,142 per personal injury claim. Note, however, that this figure does not include cases involving private companies and other individuals.
Furthermore, this “average” does not really give us insights to more severe cases. Feel free to check out our previous wins for actual and more tangible figures.
3. Dealing with Insurance Companies
Personal injury lawyers can also negotiate settlements with insurance companies for their clients' compensation. Insurance providers aim to minimize payouts, while lawyers seek fair compensation for their clients' injuries and losses. Lawyers communicate with insurers, present evidence, and handle other legal aspects of the claim on their client's behalf.
Negotiations typically begin with a demand letter from your lawyer outlining the client's damages and the compensation sought. The insurer may counteroffer, and the lawyer will discuss the offer with the client. This process continues until a satisfactory settlement is reached or the case proceeds to trial.
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4. Taking Care of Litigation
Litigation refers to the entire legal process of resolving a dispute through the court system. This can be a lengthy process – involving various legal maneuvers, negotiations, and court appearances. Many cases are resolved during the litigation process through settlements, without ever reaching a trial.
The litigation process includes:
- Filing a complaint
- Serving the defendant
- Discovery (exchanging information and evidence)
- Pre-trial motions and hearings
- Settlement negotiations
- Trial (if necessary)
- Post-trial motions and appeals
While at least 90% of civil cases are settled without trial, some personal injury cases may push through with trials depending on the complexity and value of the claim.
5. Allowing You to Focus on Recovery
Personal injury lawyers oversee all legal communications and deadlines. By doing so, they allow victims to focus on their physical and emotional recovery. They effectively reduce stress while ensuring the victim's rights are protected during this challenging time. This is why you should only work with a counsel that you fully trust.
Personal injury lawyers also help not only the individual victims, but their families also. Your counsel works hard so that they can alleviate all financial stress from you and your family moving forward. They also offer legal guidance to family members involved in the case, provide emotional support during a difficult time, and may secure compensation for the family's loss of consortium.
Speak to a Personal Injury Lawyer Today
At the Porter Law Group, our team of proven personal injury lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of negligence, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
