How Injury Lawyers Can Help
Injuries that are severe can cost thousands or millions of dollars in medical expenses, lost wages and a diminished quality of life. Injury lawyers can assist victims navigate the complicated legal processes and confusing medical terminology and mountains of paperwork.
They can also manage communications with insurance adjusters, prepare depositions and interrogatories, and provide expert witness testimony. They also can defend clients from personal injury lawsuits brought by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a form of personal injury that occurs when the hospital or doctor fails to provide the required care when treating their patient. This can lead to serious injuries and even death. Medical malpractice claims are often complex and require extensive legal work. Our lawyers have experience in these types cases and will fight for you to get the compensation you deserve.
Doctors need to undergo special training in order to treat patients. However even the most experienced doctors make mistakes that could cause serious injury or even death to patients. These errors can be anything from prescribing a wrong medication to putting an object inside the body of a patient after surgery.
In most states there are four elements that must be proven in order to be successful in a claim for medical malpractice. This includes the existence of an obligation of care from your healthcare provider; a breach of that duty through an inability to follow medical standards; a causal connection between the breach and the injuries; and the amount of the damages resulting from the injury. Your lawyer will employ various sources, including expert witnesses to help to prove your case.
Your lawyer will examine your hospital and medical records to determine if you sustained an injury as a result of the medical professional's negligence. They will then collaborate with medical professionals to determine the cause of your injury and link it to the doctor's actions. It is important to do this since the attorney representing the defendant will argue that your injuries were caused by pre-existing conditions, or the result of an underlying medical condition.
New York laws are geared more towards protecting doctors and hospitals as opposed to injured patients. This makes it difficult to bring these claims to trial. There's also Racine injury lawsuits to make a claim for medical malpractice, so it's important to act fast. If you believe that you or a loved one may be the victim of medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
Car accidents can be caused by a wide variety of factors, ranging from fast highway driving, bumper-to-bumper traffic to pedestrians crossing the roadway. Every factor has an impact on the injuries that victims of accidents suffer. Therefore, it is essential for an injury lawyer to be conversant with the particulars of auto accidents. This knowledge can be used to evaluate the damage to property, determine fault and assess the severity of any physical or mental injuries.
Additionally, a seasoned lawyer for car accidents can also be your advocate when dealing with defendants or insurance companies. They will ensure that you do not get presented with low-cost deals and that you are compensated for all your losses. This is crucial because many people who suffer injuries take the first offer of compensation because of convenience or because they believe that it will satisfy their needs.
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 offers. If your injury lawyer is knowledgeable about the threshold, they will be able to advise you on whether or not you're eligible for more compensation under the state's pure comparative negligence law.
Even if you're covered by insurance it's best to consult an experienced New York City auto accident attorney as soon possible. A lawyer can handle the paperwork and deadlines so that you can concentrate on your recovery. They are also able to negotiate with the insurance company on your behalf and can often negotiate a better settlement than you would have been able to obtain on your own.
It is also important to keep track of all your medical expenses and treatments in addition to any lost income or property damage. This will increase your chances of success and help you prove your case. It is also beneficial to be able to have a witness testify that your injury was the direct result of the accident and not due to something that happened before or after.
Premises Liability
Injuries that occur on other's property are covered under premises liability cases. These accidents are usually caused by the negligence of the owner of the property. This could include unsafe or defective conditions, such as elevators that have failed, swimming pool accidents and toxic fumes that are not adequately warned of. A lack of security or safety equipment, like fire alarms, may be deemed negligent.
In order to make a claim that is successful against the property owner, the victims must prove that they violated their duty to keep the premises in a safe condition. If, for instance, an employee was hired to paint a ceiling, and fell from a cracked tile the property owner could be held accountable. Other instances of negligence in maintenance might include:
The law determines the extent to which property owners must keep their property in a safe condition and this is governed by state case precedents. Some of these guidelines can also be found in the city's ordinances and regulations. The exact responsibilities of the property owner is according to the status of the visitor and the reason of visiting the property.
A guest in an establishment on business is classified as an invited guest. This means the hotel is responsible for providing a safe and secure environment for guests, but the duty of care is not as broad as the one owed to trespassers.
In any incident that involves an unsafe property condition, the victim is required to take reasonable care for his or her own safety. If the victim is found partially responsible for the incident then the amount of compensation will be reduced according to the percentage of responsibility.
Ask about the experience of the lawyer in handling premises liability cases, and if they have succeeded in getting compensation for their clients. Also, inquire whether the lawyer is knowledgeable of local laws and procedures that apply to your situation. It is crucial to select an attorney with a successful track record, especially when dealing with claims that involve complex issues and large payouts.
Product Liability
The laws governing product liability determine the time and manner in which those who suffer from defective products can receive compensation for their injuries. Anyone who has been injured by an unsafe or defective product may file a lawsuit against the manufacturer, distributors, and retailers involved in its manufacture. This includes distributors, wholesalers and retailers who sold the product. In some states where repair or rebuild products could be held liable in certain circumstances.
Lawyers who specialize in injury are aware of the rules that govern these cases. They will help ensure that all claims for compensation are legitimate. Additionally, a competent attorney will know how to assess any settlement offer and might be in a position to negotiate with the insurance company on your behalf. The main purpose of any compensation claim is to give you enough money to put you back in the same financial position that you were in before the accident occurred. This includes all of your costs, including lost wages destroyed property, medical costs physical impairments, and emotional distress.
In the majority of claims for product liability lawyers will need to prove that the defective product was present in some way before it left the possession or control of the defendant. You could prove that the item was defective a defect due to its design or manufacturing process, or even a warning label. Your attorney may need to dispel any claims that the defect is by improper handling or damage.
Also, it is important to remember that the statutes of limitations (the time frame within which you can file a suit) apply to product liability cases. This law was designed to allow plaintiffs to pursue a case as long as the evidence is fresh and the eyewitness memories are still vivid. If you fail to meet the deadline, your claim will be denied by the court.
Our skilled injury lawyers have successfully resolved many cases involving defective products and are able to assist you well. Contact us to set up an appointment for a free consultation if you are ready to talk about your case with our lawyers.