How Injury Lawyers Can Help
Serious injuries can cause thousands, or millions in medical bills, lost income and reduced quality-of-life. accident injury lawyers can help victims navigate the complicated legal processes and confusing medical terminology and mountains of paperwork.
They can also handle communication with insurance adjusters, prepare interrogatories and depositions, as well as provide expert witness testimony. They also assist clients from personal injury lawsuits brought by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice occurs when a hospital or doctor does not treat their patient with the care they are entitled to. This could result in serious injury or even death. Medical malpractice-related injuries are often complex and require extensive legal work. Our lawyers have experience handling these kinds of cases and will fight for you to get the compensation you deserve.
Doctors must receive specific training to be able to treat patients. However, even the most well-trained doctors are susceptible to errors which can result in serious injuries or death to a patient. These errors can be anything from prescribing the wrong drug to putting an object into a patient's body following surgery.
In most states there are four elements that must be proved to prevail in a lawsuit for medical malpractice. There must be a duty of your healthcare provider to provide you with the best possible care. This duty cannot be violated by failing to adhere to medical standards. Your lawyer will employ numerous resources, including expert witnesses to prove your case.
Your injury lawyer will review all of your medical documents and hospital records in order to determine if the injury you sustained was the result of a medical professional's negligence. Then, they will work with medical experts to establish the cause of your injuries and connect them to the actions of the doctor. This is essential because lawyers for defendants will try to claim that your injuries are pre-existing or the result of another reason, like an underlying health issue.
New York state laws tend to favor protecting hospitals and doctors over injured patients, so these kinds of claims are often difficult to present to trial. Being quick is essential since there is a short statute of limitation for filing a medical malpractice case. Contact a New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you know may have been a victim of medical negligence.
Auto Accidents
Car accidents can result from a variety of factors, ranging from the speed of highway driving to bumper-to-bumper traffic, to pedestrians crossing the road. Each of these factors can have an impact on the injuries that victims of accidents suffer. It is therefore important that an injury lawyer be aware of the specifics of car accidents. This knowledge can be used to determine property damage, determine fault and assess the severity or any mental or physical injuries.
A car accident attorney who has experience can also be your advocate in dealing with insurance companies and defendants. They will ensure that you do not get presented with lowball offers and that you are compensated for all the losses. This is especially important since many injured individuals simply take the first offer because of convenience or because they think that the amount of compensation will be sufficient to meet 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 lawyer is familiar with this threshold, they can tell whether you are entitled to additional compensation under New York's strict comparative law.
Even if you are insured it is recommended to talk to an experienced New York City car accident attorney as soon as possible. An attorney will be able to handle all paperwork and deadlines so that you can concentrate on healing. They can also negotiate with the insurance company on your behalf, and can often negotiate an amount that is higher than what you could have gotten on your own.
Record all medical expenses and treatments, as well any losses in income or property damage. This will aid in proving your case and increase the likelihood of a positive outcome. It is also helpful to have a witness confirm that your injuries were 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 usually caused by the negligence of the owner of the property. This could include unsafe or defective conditions, like elevators that have failed or swimming pool accidents as well as toxic fumes that are not adequately warned of. A lack of security or safety equipment, for example, fire alarms, could also be considered negligent.
In order to make a claim that is successful against the property owner, victims must prove they have violated their obligation to keep the property in a safe state. For instance, if the painter was employed to paint a ceiling, and fell through a cracked tile the property owner may be held accountable. Other examples of negligent maintenance might 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 duty of property owners varies according to the status of the visitor and purpose of visiting the property.
For example, a guest who is in an establishment for business reasons is typically categorized as an invitee. This means that the hotel must provide a safe space for guests, but it's not as wide as the duty of care that is owed to the trespassers.
In any accident that is a result of an unsafe property condition, the victim must exercise reasonable care to ensure their safety. However, if he or they are found to be at fault for the accident the amount of compensation will be reduced by the proportion of negligence.
Ask about the experience of the lawyer handling premises liability cases and whether they have been successful in getting compensation for their clients. You can also inquire about the lawyer's knowledge of local laws and procedures that are applicable to your particular case. It's crucial to choose an attorney who has a proven track record, particularly when dealing with claims that have complicated issues and large payouts.
Product Liability
Product liability laws define the time and manner in which those who suffer from defective products can receive compensation for their injuries. Anyone who has been injured due to a defective or dangerous product may file a lawsuit against the manufacturer, distributors, and retailers involved in its manufacture. Wholesalers, distributors, and retailers who sold the item are included in this. In some states, people who repair or replace products may also be liable under certain circumstances.
Injury lawyers know the rules that govern such cases and can ensure that your compensation claims are legitimate. An experienced attorney can also negotiate on behalf of you with the insurance company. The primary objective of a claim for compensation is to secure money to return you to the financial position you were in prior to the accident. This means covering all costs including any loss of earnings, damaged property physical impairments, medical bills loss of enjoyment life, emotional stress, and loss of consortium.
In the majority of product liability cases, your lawyer must prove that the defective product was in existence when it left defendant's control or possession. This could be by showing that it had a defect in its design, manufacturing or warning label. Your lawyer might need to dispel any inferences that the defect is by improper handling or damage.
Also, it is important to keep in mind that statutes of limitations (the time limit within which you can file a suit) apply to cases involving product liability. This law was designed to allow plaintiffs to pursue a case as long as the evidence is fresh and the memories of eyewitnesses are still vivid. If you miss the deadline your claim will be denied.
Our lawyers for injury have handled many defective product cases successfully, and can help you too. If you're ready to discuss your case with one of our lawyers, please contact us for a free consultation.