New York City Personal Injury Law Blog

What does a Personal Injury Lawyer Do?

Posted on Feb 1, 2015 in Personal Injury FAQs

Evaluating Liability

A personal injury attorney helps you navigate the murky waters that are often found in these types of lawsuits. For instance, you have slipped and fallen, and you want to claim compensation for the injuries you have suffered from the fall.

Your attorney will need to know what you slipped on and he would want to evaluate liability. Was there a defect on the property that may have caused your fall? Was the staircase you tripped on, not up to code? These critical questions, your lawyer needs answered, in order to find out whether you have a valid case.

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Finding a dedicated and understanding personal injury attorney is the key to winning the case.

The same is true if a product has caused you injury. Let us say, you are taking off or removing the top of a soda bottle, and it explodes causing injury to your eye. Is the bottling company to blame? To illustrate another example, you are using a minor saw to cut wood. Is this saw supposed to have a guard to protect your fingers, as you slide the wood in to be cut?

What about a car that permits you to put the gear in place, without pressing the brake pedal. This is called a gear interlock lever, which cars routinely have nowadays, so that you cannot inadvertently slip the car from park into drive, or to any other gear, unless your foot is on the brake first. Several accidents have been caused in cars that did not have this brake interlock system.

Often times it becomes necessary to hire engineers to evaluate whether the product is faulty. Similarly, in a medical malpractice case, your attorney will need to hire a medical expert, to evaluate your medical records to see if there is a valid basis for a case. Medical malpractice is one of the most hotly contested areas of law, where attorney are very proficient in not only bringing cases but also defending them effectively as well.

How did the Accident Happen?

Hence, the first thing, the personal injury lawyer does is to see how the accident happened. Were you a passenger in the vehicle, or were you walking across the street, when you were hit by a car? These are all the things your personal injury attorney needs to know to see how the accident happened.

Your attorney needs to know even things like what was the weather at that time, what were you doing before the accident happened, and were there any witnesses? All these things, your attorney needs to find out to establish that there is liability, and you have suffered significant injuries because of the wrongdoing or carelessness.

Starting Out on the Same Page

Your attorney will have to establish from his own investigation that the other party was careless or negligent, and that because of this carelessness there was an accident and you suffered injuries. Your attorney will make sure you know what your rights are, and the things you are entitled to. He will make a realistic assessment of your case, and the compensation you should seek by filing a lawsuit.

Comments

I Chose The Right Attorney - “Attentive, Professional and Know About the Law…”

I referred Rosenberg, Minc, Falkoff & Wolff to a friend needing help with a birth injury & medical malpractice case. Having worked with founding partner Daniel Minc myself on a car accident case, I was sure they would be able to deliver results.

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