How Injury Lawyers Can Help
Severe injuries can cost thousands or millions of dollars in medical bills, lost wages and a diminished quality of life. Injury lawyers can help victims navigate the complicated legal processes and confusing medical terminology and mountains of paperwork.
They can also manage communications with insurance adjusters, write interrogatories and depositions, as well as provide expert witness testimony. They can also defend clients from personal injury lawsuits filed by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice occurs when a doctor or hospital doesn't treat a patient with the proper care they ought to have. This could result in serious injuries or even death. Injuries from medical malpractice are often complex and require a significant amount of legal work. Our lawyers have experience in these types cases and will fight for you to secure the compensation you deserve.
Doctors must undergo special training in order to treat patients. Even the most well-trained doctors are capable of making mistakes that can result in serious injury or even death to their patients. These mistakes can range from prescribing the wrong drug to putting an object into the body of a patient after surgery.
In the majority of states there are four elements that must be proven to be successful in a medical malpractice claim. There must be a legal obligation of your healthcare provider to provide you with the highest possible care. This duty must be breached by failing to adhere to medical standards. Your lawyer will make use of various sources, including expert witnesses to help to prove your case.
Your lawyer for injury will go over your hospital and medical records to determine if you sustained an injury due to the negligence of the medical professional. They will then work with medical professionals to determine the source of your injury and connect it to the actions of the doctor. It is important to do this because the defendant's attorney will try and claim that your injuries were caused by pre-existing conditions, or the result of an underlying medical condition.
New York state laws tend to protect doctors and hospitals rather than injured patients, so these types of claims are often difficult to present to trial. Acting quickly is important since there is a limited time frame for the filing of a medical malpractice lawsuit. Contact an New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you care about might have been the victim of medical negligence.
Auto Accidents
A myriad of factors can lead to car accidents that range from speeding on the highway to bumper-to-bumper traffic or pedestrians crossing the street. Each of these factors can impact the injuries accident victims suffer. Therefore, it is important for an injury lawyer to be conversant with the particulars of auto accidents. This information can be used to evaluate property damage, determine fault, and evaluate the severity or any mental or physical 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 don't get slapped with low-cost deals and that you are compensated for all your losses. This is crucial since many people who are injured take the first offer of compensation just for convenience or because they believe that it will cover 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 will pay. If your lawyer for injury is familiar with the threshold, they will be able to provide you with advice on whether or not you're eligible for more compensation under the state's pure comparative negligence 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 can take care of all the formalities and deadlines so you can concentrate on healing. They can also negotiate with the insurer on your behalf and often get you an offer that is better than what you could have obtained on your own.
It is also essential to record all medical treatment and expenses and any loss of income or property damage. This will help prove your case and increase the likelihood of a favorable outcome. Additionally, it's important to have an expert witness who can confirm that your injury was a direct result of the crash and not something that happened before or after.
Premises Liability
Injuries that occur on other's property are covered under premises liability cases. These incidents are usually caused by negligence or lack of care on the part of the property owner. This can be due to unsafe or faulty conditions, such as broken elevators and swimming pool accidents and toxic fumes that are not adequately warned of. In addition, a deficiency of safety or security equipment such as fire alarms could be considered to be negligent.
In order to be successful in claiming the plaintiff must prove that the property owner was under the obligation to maintain their property in a safe condition and that they breached this duty. For instance, if a painter was hired to paint a ceiling, and fell off a cracked tile, the property owner could be held responsible. Other instances of negligent maintenance might include:
The law determines the extent to which a property owner must maintain their property in a safe and secure condition, and this is defined by state case precedents. Some of these guidelines are also defined by city ordinances as well as building regulations. The obligation of the property owner depends on the visitor's purpose and status.
A person who is staying in a hotel for business is considered an invited guest. This means that the hotel must provide a safe environment for guests, however it is not as broad as the duty of care that is owed to trespassers.
In any accident involving an unsafe property condition, the victim is required to take reasonable care for his or her own safety. If he or is found to be at fault for the accident, recovery will be reduced by the proportion of negligence.
When choosing an injury lawyer, inquire about their experience in handling premises liability cases and whether or not they have won compensation for clients. Also, inquire whether the lawyer is knowledgeable of local laws and procedures applicable to your case. It is crucial to select an attorney who has an established experience of success, especially in claims involving complicated issues and huge payouts.
Product Liability
The laws governing product liability define the manner in which victims can receive compensation for injuries caused by defective products. Generally speaking, anyone who is injured by a defective or dangerous product can sue the manufacturer and all those involved in its production and distribution or sale. Wholesalers, distributors and retailers who sold the item are also covered in this. In some states where repair or rebuild products could be held responsible under certain situations.
Lawyers who specialize in injury are aware of the rules that govern these cases and will help ensure that all of your claims for compensation are valid. A competent attorney will know how to assess any settlement offer and might be capable of negotiating with the insurance company on your behalf. The purpose of a compensation claim is to get you enough money to bring you back to the financial position you were in prior to the accident. This includes all the expenses, including lost wages, damaged property, medical expenses, physical impairments and emotional stress.
In most product liability cases, your lawyer must prove that the defective product was in existence when it left defendant's possession or control. It is possible to demonstrate that the item suffered defects due to its design or manufacturing process, or a warning label. Your lawyer might also have to disprove any claim that the defect was caused by inadequate handling or damage.
Also, it is important to keep in mind that statutes of limitations (the period in which you are able to file suit) apply to product liability cases. YouTube is designed to allow claimants to pursue a case while the evidence and eyewitness memories are fresh. If you do not meet the deadline, your claim will be rejected.
Our injury lawyers have handled a variety of defective product cases successfully and can assist you as well. When you are ready to discuss your matter with one of our lawyers, please contact us to set up a no-cost consultation.