How Injury Lawyers Can Help
Serious injuries can cost thousands, or millions - in medical expenses, lost wages and reduced quality of life. Injury lawyers can help victims navigate the complicated legal processes as well as the confusing medical terminology and mountains of paperwork.
They can handle communication with injury claims adjusters, draft interrogatories and depositions, and give expert testimony. They also can defend their clients against personal injury suits brought by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a kind of personal injury in which the hospital or doctor fails to meet the standards of treatment for their patient. This could result in serious injuries or even death. Medical malpractice cases can be complex, requiring the use of a lawyer for a long time. Our lawyers have experience in these types cases and will fight for you to get the compensation you deserve.
Doctors receive specialized training and satisfy requirements for licensing to ensure they are qualified to treat patients. Even the most trained doctors can make mistakes that can lead to serious injuries or even death for their patients. These errors can be anything from prescribing a wrong medication to leaving an object in a patient's body following 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 best possible care. This duty cannot be violated when a healthcare provider fails to adhere to medical standards. Your lawyer will use various sources, including expert witnesses to prove your case.
Your lawyer for injury will examine all medical documents and hospital records to determine if the injury you sustained was caused by a medical professional's negligence. They will then work closely with medical professionals to determine the cause of your injury and link it to the doctor's actions. It is crucial to do this because the lawyer representing the defendant could try and claim that your injuries were pre-existing, or the result of an underlying condition.
New York laws are geared more toward protecting hospitals and doctors than injured patients. This makes it difficult to bring these claims to trial. There's also a very short period of time to file a medical malpractice claim, so it's important to act quickly. Contact a New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you love could have been a victim of medical negligence.
Auto Accidents
A wide range of factors can cause car accidents including speeding on the highway to bumper-to-bumper pedestrians or traffic crossing the street. accident injury law firm of these causes could cause injuries to the victims of an accident. This is why it is essential for an injury lawyer to be familiar with the particulars of automobile accidents. This knowledge can be used to assess the extent of damage to property, determine fault and assess the severity of any mental or physical injuries.
In addition, an experienced car accident attorney can serve as your advocate when dealing with insurance companies or defendants. They will make sure that you do not get presented with low-cost offers and ensure that you receive compensation for all your losses. This is crucial since many injured people choose to accept the first compensation offer because of convenience or because they believe that it will cover their needs.
If you have suffered injuries that New York State considers "serious," you may be entitled to additional compensation. This is in addition to the compensation the insurance company offers. If your lawyer is knowledgeable about this threshold, he or she will be able to tell whether you are entitled to additional compensation under the state's pure comparative law.
Even if you're insured it is a good idea for you to speak with an experienced New York City auto accident lawyer as soon as you can. An attorney will be able to handle all formalities and deadlines so you can focus on healing. They can also negotiate with the insurance company on your behalf and can often negotiate an offer that is better than what you could have achieved on your own.
Record all medical expenses and treatments, as well any income loss or property damages. This will aid in proving your case and increase the chances of a positive outcome. It is also helpful to be able to have a witness affirm that your injury was the direct result of the accident, and not a result of 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 due to negligence on the part of the property owner. This could include unsafe or unsafe conditions, such as elevators that have broken down or swimming pool accidents, as well as toxic fumes which are not properly warned. Insufficient security or safety equipment, for example, fire alarms, may be considered negligent.
In order to make a claim that is successful against the property owner, victims must prove they have violated their duty to maintain the property in a safe and secure condition. For instance when a painter is hired to work on someone's ceiling and falls from a cracked tile, the property owner could be held responsible for the injury. Other instances of negligence in maintenance might include:
The law determines the extent to which property owners must maintain their property in a safe condition, and this is defined by state case precedents. 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 the reason for visiting the premises.
A guest staying in an establishment for business is considered an invited guest. This means the hotel is accountable to provide a safe environment for guests, however the responsibility for care isn't as broad as that owed to criminals.
In any incident that involves a dangerous property condition the victim is required to take reasonable precautions to ensure his or her safety. If he or she was found to be partially at fault for the incident, the amount of compensation is reduced based on the percentage of responsibility.
When choosing an injury lawyer, inquire about their experience with premises liability cases, and whether or not they have won compensation for clients. You can also ask whether the lawyer is knowledgeable of local laws and procedures that apply to your particular case. It's important to select an attorney who has an established track record of success, especially in cases that have complex 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. Generally speaking, anyone who is injured by a defective or dangerous product may sue the manufacturer and other parties involved in its production and distribution or sale. This includes the distributors, wholesalers, and retailers who sold the product. In some states, people who repair or replace products could also be held accountable under certain conditions.
Lawyers who specialize in injury know the rules that govern these cases and can ensure that your compensation claims are valid. An experienced attorney can also negotiate on behalf of you with the insurance company. The primary goal of a compensation claim is to secure money to return you to the financial situation 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 control or possession. This could include proving that the item had a defect in its design, manufacture or warning label. Your attorney may also need to disprove any notion that the defect was caused by intermediate handling or a deterioration.
It is important to keep in mind that the statute of limitations (the time frame within which you can start lawsuits) applies 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 do not meet the deadline, your claim could be denied by the court.
Our injury lawyers have handled many defective product cases successfully and can help you too. Contact us today to schedule an initial consultation for free when you are ready to discuss your case with our lawyers.