How Injury Lawyers Can Help
Severe injuries can cost thousands or millions in medical expenses, lost wages and diminished quality of life. Injury lawyers can assist victims navigate the complex legal process, confusing medical terminology, and mountains of paperwork.
They also manage communication with insurance adjusters, conduct interrogatories and depositions, as well as provide expert witness testimony. They can also defend clients against personal injury lawsuits filed by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice is a type of personal injury in which a doctor or hospital fails to meet the standards of care in treating their patient. This can cause 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 get the compensation you deserve.
Doctors undergo specialized training and must meet requirements for licensing to ensure they are qualified to treat patients. However, even the most well-trained doctors are susceptible to errors that can cause serious injury or even death to a patient. These mistakes can range from prescribing the incorrect medication or leaving a foreign object in the body of the patient after surgery.
In most states there are four elements which must be proven in order to prevail in a medical negligence claim. This includes the existence of the duty of care owed by your healthcare provider; breach of that duty through an inability to follow medical standards; a causal link between the breach and the injuries; and a sum of damages resulting from the injury. Your lawyer will use a variety of resources including expert witnesses to help to prove your case.
Your injury lawyer will review all medical documents and hospital records in order to determine whether the injury you suffered was the result of a medical professional's negligence. They will then work with medical professionals to determine the reason for your injuries and link them to the actions of the doctor. This is crucial because lawyers for defendants will try to claim that your injuries are pre-existing or the result of a different factor, such as an underlying health condition.
New York state laws tend to favor protecting doctors and hospitals rather than injured patients, so these kinds of cases are often difficult to present to trial. Acting quickly is important since there is a short time limit for filing a medical malpractice claim. Contact an New York medical malpractice attorney at the Cochran Firm if you suspect that you or someone you know may have been a victim of medical negligence.
Auto Accidents
A myriad of factors can lead to car accidents including speeding on the highway, to bumper-to-bumper pedestrians or traffic crossing the street. Each of these factors can have an impact on the injuries that accident victims suffer. It is therefore essential that an injury lawyer be familiar with the details of auto accidents. This knowledge can be used to evaluate the damage to property, determine fault, and evaluate the severity of any mental or physical injuries.
In addition, an experienced lawyer in car accidents can be your advocate when dealing with defendants or insurance companies. 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 accept the first compensation offer just for convenience or because they believe it will satisfy their needs.
If your injuries are at a level New York State deems to be "serious," then you might qualify for additional compensation beyond what the insurance company is providing. If your lawyer for injury is familiar with 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 are covered by insurance it's a good idea for you to speak with an experienced New York City auto accident lawyer as soon as you can. You Tube can take care of the paperwork and deadlines, so you can concentrate on your recovery. 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.
Keep track of all medical expenses and treatments, as well as any losses in income or property damages. This will help prove your case and increase the chances of a successful outcome. It is also helpful to have a witness who can confirm that your injuries were the direct result of the accident and not due to something that happened before or after.
Premises Liability
Premises liability cases are those that result in injuries on the property of another. These accidents are generally caused by negligence or lack of care on the part of the property owner. This can include unsafe or unsafe conditions like broken elevators, swimming pool accidents, and toxic fumes that are not properly warned of. Insufficient safety or security equipment, for example, fire alarms, may be deemed negligent.
In order to file a successful claim against the property owner, victims must prove they have violated their obligation to keep the premises in a safe condition. For instance, if the painter was employed to paint a ceiling and fell off a cracked tile, the property owner could be held responsible. Other instances of negligence in maintenance might include:
The law determines the extent to which a property owner must ensure that their property is in a safe condition, and this is defined by state case precedents. Certain of these guidelines are established by city ordinances and building regulations. The duty of the property owner is based on the purpose of the visitor as well as his status.
For instance, a person who is in the hotel for business reasons is usually classified as an invitee. This means that the hotel is responsible to provide a safe environment for guests, however the responsibility for care isn't as wide as that owed to criminals.
In any accident involving an unsafe property condition the victim is obligated to take reasonable precautions for their own safety. If, however, he she is found to be partially at fault for the accident the recovery will be diminished by the percentage of negligence.
Ask about the expertise of the lawyer handling premises liability cases and whether they have had success in getting compensation for their clients. You should also inquire about the lawyer's knowledge of local laws and procedures that apply to your case. It is crucial to select an attorney who has a proven track record, especially when dealing with claims that involve complicated issues and large payouts.
Product Liability
The laws governing product liability determine when and how victims of defective products can be compensated for their injuries. In general, anyone who has been injured by a defective or dangerous product may file a lawsuit against the manufacturer and all those involved in its manufacture, distribution, or sale. Wholesalers, distributors and retailers who sold the product are included in this. In certain states, those who repair or rebuild the products could also be held accountable under certain conditions.
Lawyers who specialize in injury are aware of the laws that govern these cases and can assist in ensuring that all of your claims for compensation are legal. An experienced attorney can also negotiate on behalf of you with the insurance company. The main objective of any compensation claim is to give you enough money to place you in the same financial position that you were in prior the accident took place. This includes all your expenses, including lost wages, destroyed property, medical costs physical impairments, emotional stress.
In the majority of product liability cases the lawyer must show that the defective product was in existence in the moment it left the defendant's control or possession. This could include proving that the product was defective in its design, manufacturing, or warning label. Your attorney may need to dispel any claims that the defect is due to intermediate handling or damage.
It is also important to remember that the statutes of limitations (the time limit within which you can file a suit) apply to cases involving product liability. This law is designed to ensure that claimants are able to pursue a case while evidence and eyewitness memory are still fresh. If you miss the deadline your claim will be rejected.
Our experienced injury lawyers have successfully dealt with many defective product cases and are able to assist you well. If you're ready to discuss your case with one of our attorneys, please contact us for a free consultation.