How Injury Lawyers Can Help
Serious injuries can result in thousands, or millions, in medical expenses, lost income and reduced quality-of-life. Injury lawyers can guide victims through the complicated legal process as well as the confusing medical terms and mounds of paperwork involved.
They can handle communication with injury claims adjusters, prepare depositions and interrogatories, as well as give expert testimony. They also can defend clients from personal injury lawsuits brought by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice occurs when a hospital or doctor doesn't treat a patient with the care they are entitled to. This can result in serious injuries or even death. Medical malpractice cases can be complex, requiring extensive legal work. Our lawyers have experience in these types of cases and will fight for you to receive the compensation you deserve.
Doctors need to undergo special training in order to treat patients. Even the best-trained doctors are capable of making mistakes that can lead to serious injury or even death to their patients. These mistakes could range from prescribing the wrong medication to leaving a foreign object inside the body of the patient after surgery.
In the majority of states there are four elements that must be proven to win a medical malpractice claim. This involves the existence of a duty of care by your healthcare provider; a breach of that duty through an inability to follow medical standards; a causal connection between the breach and your injuries; and a sum of damages resulting from the injury. Your lawyer will make use of numerous resources, including expert witnesses to establish your case.
Your lawyer for injury will go over your medical and hospital records to determine whether you suffered an injury as a result of the negligence of the medical professional. They will then collaborate with medical professionals to determine the cause of your injuries and connect them to the actions of your physician. This is vital because lawyers for defendants will attempt to argue that your injuries are pre-existing or the result of a different factor, such as an underlying health condition.
New York laws are geared more toward protecting hospitals and doctors than injured patients. This makes it difficult to bring these cases to trial. Acting quickly is important since there is a short statute of limitation for the filing of a medical malpractice lawsuit. If you believe that you or someone you love may be victimized by medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
Car accidents can be caused by a variety of factors, from fast highway driving, bumper-to-bumper traffic, to pedestrians crossing the roadway. Each factor can have an impact on the injuries accident victims suffer. Therefore, it is essential that an injury lawyer be familiar with the details of car accidents. This knowledge can be used to evaluate property damage as well as to determine fault and evaluate the severity or any mental or physical injuries.
Additionally, a seasoned lawyer in car accidents can serve as your advocate when dealing with defendants or insurance companies. They will ensure that you don't receive lowball offers, and will make sure you receive compensation for your losses. This is especially important since many injured people simply accept the first offer out of the convenience of it or because they think that the compensation is enough to cover their expenses.
If you've been the victim of an injury that New York State considers "serious," you may be entitled to additional compensation. This is in addition to the amount the insurance company will pay. If your lawyer is familiar with this threshold, they can tell you if you are entitled to additional compensation under the state's pure comparative law.
Even if you are insured, it is a good idea to speak with a seasoned New York City car accident attorney as soon as possible. An attorney can take care of the paperwork and deadlines, so you can concentrate on your recovery. They can also negotiate with the insurer on your behalf, and usually get you a better settlement than you could have achieved on your own.
Keep track of all medical expenses and treatments, as well as any income loss or property damage. This will increase your chances of success and help you prove your case. It is also helpful to be able to have a witness affirm that your injury was the direct result of the accident and not due to something that occurred prior to or after.
Premises Liability
Premises liability cases involve injuries that occur on the property of a third party. These accidents are typically caused by negligence or a lack of care by the property owner. This can include unsafe or defective conditions such as broken elevators, swimming pool accidents, and toxic fumes that are not adequately warned of. A lack of safety or security equipment, like fire alarms, can be deemed negligent.
In order to file a claim that is successful the plaintiff must prove that the property owner was under a duty to keep their premises safe and that they breached this obligation. For example the case where a painter has been hired to work on someone's ceiling and falls due to a cracked tile, the owner of the property could be held responsible for the injuries. Other instances of negligent maintenance include:
State case precedents establish the extent to which property owners are required to maintain their properties in a safe and secure condition. Some of these guidelines are also set by city ordinances and building regulations. The exact responsibilities of property owners varies according to the status of the visitor and reason for visiting the premises.
For example, a guest who is at a hotel for business purposes is usually classified as an invitee. This means that the hotel has to provide a safe environment for guests, but it's not as wide as the duty of care owed to the trespassers.
In any accident involving a dangerous property condition the victim is required to take reasonable care to ensure his or her safety. If, however, he is found to be partly responsible for the incident the amount of compensation will be reduced by his or her percentage of negligence.
Ask about the expertise of the lawyer handling premises liability cases, and if they have succeeded in obtaining compensation for their clients. You should also inquire about the lawyer's knowledge of local laws and procedures applicable to your case. It's crucial to choose an attorney with a successful track record, especially when dealing with claims that require complex issues and large payouts.
Product Liability
The laws governing product liability define the conditions under which victims may be compensated for injuries caused by defective products. In general, anyone who has been injured by a faulty or dangerous product can file a lawsuit against the manufacturer and all those involved in its creation and distribution or sale. This includes distributors, wholesalers and retailers who sold the product. In some states where repair or rebuild products could be held responsible under certain situations.
Injury lawyers know the rules that govern such cases and can ensure that your compensation claims are legitimate. In Kent injury attorney , a experienced attorney will know how to assess any settlement offer and might be able to negotiate with the insurance company on your behalf. The primary objective of any compensation claim is to provide enough money to put you back in the same financial situation that you were in prior the accident occurred. This means that you will be able to cover all of your expenses including any loss of earnings, damaged property physical impairments, medical bills, loss of enjoyment of life, emotional distress and loss of consortium.
In the majority of product liability cases the lawyer you hire will have to demonstrate that the defective item was present in some way when it left the possession or control of the defendant. You may be able to demonstrate that the item suffered defects due to its design, manufacturing, or warning label. Your lawyer may be required to dispel any notion that the defect was caused by improper handling or damage.
It is also important to keep in mind that statutes of limitations (the period in which you are able to file suit) apply to product liability cases. This law was drafted to allow plaintiffs to pursue a case in the event that the evidence is still fresh and the memories of eyewitnesses are still vivid. If you fail to meet the deadline, your claim could be denied by the court.
Our lawyers for injury have handled numerous defective product cases successfully and are able to assist you as well. Contact us to set up an initial consultation for free when you are ready to discuss your case with our lawyers.