How Injury Lawyers Can Help
Serious injuries can cause thousands, or millions in medical bills, lost income and diminished quality of life. Injury lawyers can guide victims through the complex legal process, confusing medical terms, and piles of paperwork.
They can manage communication with injury claims adjusters, prepare interrogatories and depositions, and provide expert testimony. They also can defend their clients against personal injury lawsuits brought by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice is a form of personal injury that occurs when the hospital or doctor fails to meet the standards of care in treating their patient. This can lead to serious injury or even death. Medical malpractice claims are often complex and require the use of a lawyer for a long time. Our lawyers have experience in these kinds of cases and will fight to get you the compensation you're entitled to.
Doctors undergo specialized training and satisfy licensing requirements to ensure they are qualified to care for patients. Even the most well-trained doctors can make mistakes that can lead to serious injuries or even death for their patients. These errors could range from prescribing the incorrect medication or leaving a foreign object in the patient's body after surgery.
In the majority of states there are four elements that must be proved to win a medical malpractice claim. This involves the existence of a duty of care by your healthcare provider; a breach of that duty by a failure to adhere to medical standards; a causal relationship between the breach and your injuries; and a sum of damages resulting from the injury. Your lawyer will use numerous resources, including expert witnesses to establish your case.
Your lawyer for injury will examine 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 closely with medical professionals to determine the root of your injuries and link them to the physician's actions. This is crucial because defendants' attorneys will try to claim that your injuries are caused by pre-existing conditions or the result of another cause, 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. Being quick is essential since there is a short statute of limitation for the filing of a medical malpractice lawsuit. If you suspect that you or someone you love may have been the victim of medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A myriad of factors can lead to car accidents that range from speeding on the highway, to bumper-to-bumper pedestrians or traffic crossing the street. Each of these factors can impact the injuries victims of accidents suffer. As a result, it is important for an injury lawyer to be acquainted with the specifics of auto accidents. This knowledge can be used to assess the extent of damage to property as well as to determine fault and evaluate the severity or any mental or physical injuries.
Additionally, accident and injury lawyers seasoned car accident attorney can represent you when dealing with defendants or insurance companies. They will ensure that you don't receive low-ball offers, and will ensure that you receive compensation for your losses. This is important because many people who suffer injuries choose to accept the first compensation offer just for convenience or because they believe that it will meet their needs.
If you've suffered an injury that New York State considers "serious," you may be entitled to additional compensation. This is in addition to the compensation insurance companies offer. If your lawyer is aware of this threshold, he or she will be able to tell you if you are entitled to additional compensation under the state's pure comparative law.
Even if you are covered by insurance it is a good idea for you to consult an experienced New York City auto accident attorney as soon as you can. A lawyer will be able to take care of all paperwork and deadlines so that you can concentrate on healing. They will also be able to negotiate with the insurance company on your behalf and can often get you a higher settlement than you would be capable of obtaining on your own.
It is also crucial to record all medical expenses and treatments in addition to any losses in income or property damage. This will increase your chances of success and help you demonstrate your case. It is also helpful to have an expert witness who can confirm that your injuries were directly caused by the crash, and not something that happened before or after.
Premises Liability
Injuries that occur on someone other's property are covered under premises liability cases. These accidents are typically caused by negligence or a lack of care on the part of the property owner. This could include unsafe or defective conditions, like elevators that are malfunctioning, swimming pool accidents and toxic fumes which are not properly warned. Insufficient security or safety equipment, for example, fire alarms, can be deemed negligent.
In order to file a claim that is successful the victims must prove that the property owner owed an obligation to keep their premises in safe condition and that they violated this duty. For example the case where a painter has been hired to work on someone's ceiling and falls from cracks in the tile, the property owner could be held accountable for the injuries. Other instances of negligence in maintenance might include:
State case precedents determine the extent to which property owners must maintain their properties in a safe condition. A few of these guidelines can be found in city ordinances and construction regulations. The responsibility of the property owner is based on the purpose of the visitor and his status.
For instance, a guest who is staying in an establishment for business reasons is usually classified as an invitee. This means that the hotel needs to provide a safe environment for guests, but it's not as broad as the duty of care owed to those who trespass.
In any incident that involves a dangerous property condition the victim must exercise reasonable care to ensure his or her safety. However, if he or she is found to be partially at fault for the incident, recovery will be reduced by the percentage of negligence.
When choosing an injury lawyer, ask about their experience with premises liability cases, and whether or not they've won compensation for their clients. You can also ask whether the lawyer is knowledgeable of local laws and procedures that will apply to your situation. It is crucial to select an attorney with an impressive an established track record of success, particularly with claims involving complex issues and large payouts.
Product Liability
The laws on product liability specify when and how victims can 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 manufacture, distribution, or sale. This includes the wholesalers, distributors, and retailers who sold the product. In certain states, those who repair or rebuild the products may also be liable under certain circumstances.
Lawyers who specialize in injury are aware of the laws that govern these cases and will assist in ensuring that your claims for compensation are valid. A qualified attorney can also negotiate on your behalf with the insurance company. The primary purpose of a compensation claim is to get you enough money to return you to the financial situation you were in prior to the accident. This includes all of your expenses, including lost wages, damaged property, medical expenses, physical impairments and emotional distress.
In the majority of product liability cases the lawyer you hire will have to show that the defective product was present in some way when it left the possession or control of the defendant. This could include proving that the product had a defect in its design, manufacturing, or warning label. Your attorney may also need to disprove any claim 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 cases involving product liability. This law was drafted to allow plaintiffs to pursue a case as long as the evidence is still fresh and the eyewitness memories are still vivid. If you do not meet the deadline, your claim will be rejected.
Our skilled injury lawyers have successfully handled numerous defective product cases and are able to assist you well. When you are ready to discuss your case with one of our lawyers, please contact us for a free consultation.