How Injury Lawyers Can Help
Serious injuries can cause thousands, or millions of dollars in medical bills, lost income, and diminished quality of life. Injury lawyers can assist victims navigate the complicated legal process and confusing medical terminology and a mountain of paperwork.
They can manage communication with injury claims adjusters, write depositions and interrogatories, and give expert testimony. They also can defend their clients against personal injury suits brought by insurance companies who act in bad faith.
Medical Malpractice
Medical malpractice occurs when a hospital or doctor fails to treat their patient with the care they ought to have. This can result in serious injury and even death. Medical malpractice claims can be complicated, requiring an extensive legal process. Our lawyers are experienced in these cases and will fight to get you the compensation you deserve.
Doctors undergo specialized training and must meet requirements for licensing to ensure they are qualified to care for patients. However even the best-trained doctors can make mistakes that can cause serious injury or death to patients. These errors can be anything from prescribing the wrong drug to leaving an object in a patient's body following surgery.
In the majority of states there are four elements that must be proved to prevail in a lawsuit for medical malpractice. This involves the existence of an obligation of care from your healthcare provider; a breach of the duty due to an inability to follow medical standards; a causal link between the breach and your injuries; and a sum of damages resulting from the injury. Your lawyer will use a variety of resources including expert witnesses to establish your case.
Your lawyer for injury will go over your hospital and medical records to determine if you suffered an injury as a result of the negligence of the medical professional. They will then work with medical experts to determine the cause of your injuries and link them to the physician's actions. It is crucial to do this as the attorney representing the defendant will attempt to claim that your injuries are pre-existing or a result of an underlying medical condition.
New York laws are geared more towards protecting hospitals and doctors as opposed to injured patients. This makes it difficult to bring these cases to trial. Being quick is essential due to the extremely limited time frame for filing a medical malpractice claim. If you believe that you or a loved one may be the victim of medical malpractice, you should contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
Car accidents can result from a range of causes, from fast highway driving, bumper-to-bumper traffic, to pedestrians who cross the road. Each of these factors could affect the injuries suffered by victims of accidents. This is why it is crucial for an injury lawyer to be conversant with the particulars of auto accidents. This knowledge can be used to assess the damage to property, determine fault and assess the severity or any mental or physical injuries.
A lawyer for car accidents who is experienced can serve as your advocate when dealing with insurance companies and defendants. You Tube will ensure that you do not receive lowball offers, and will ensure that you receive compensation for your losses. This is crucial because many people who suffer injuries choose to accept the first compensation offer simply out of convenience, or because they believe it will meet their needs.
If your injuries are at a level New York State deems to be "serious," then you could be eligible for compensation beyond what insurance companies are offering. If your injury lawyer is knowledgeable about the threshold and the threshold, they'll be able to provide you with advice on whether or not you're eligible for more compensation under the state's strict comparative negligence law.
Even if you have insurance and you are insured, it is recommended to talk to an experienced New York City car accident attorney as soon as possible. A lawyer will handle the paperwork and deadlines, so you can focus on your recovery. They can also negotiate with the insurer on your behalf and usually get you a better settlement than you could have achieved on your own.
Document all medical expenses and treatments, as well any income loss or property damage. This will aid in proving your case and increase your chances of a successful outcome. It is also beneficial to have a witness who can testify that your injury was directly caused by the accident and not due to something that happened before or after.
Premises Liability
Premises liability cases result in injuries that occur on another person's property. These accidents are usually caused by the negligence of the property owner. This could be due to unsafe or defective conditions such as broken elevators, swimming pool accidents, and toxic fumes not adequately warned about. Insufficient safety or security equipment, for example, fire alarms, may be deemed negligent.
To file a successful claim the victims must prove that the property owner had an obligation to keep their premises safe and that they failed to fulfill this obligation. If, for example, an employee was hired to paint a ceiling, and fell through a cracked tile the property owner could be held accountable. Other instances of negligence in maintenance could include:
The law defines the extent to which a property owner must maintain their property in a safe condition and is determined by state case precedents. Some of these guidelines are also set by city ordinances and building regulations. The responsibility of the property owner is contingent on the visitor's purpose and status.
A guest staying in a hotel on business is categorized as an invited guest. This means that the hotel is responsible to provide a safe environment to guests, but the duty of care is not as broad as that owed to trespassers.
In any accident involving a dangerous property condition, the victim is required to take reasonable precautions for his or her own safety. If the victim was considered to be partially responsible for the incident then the amount of compensation is decreased according to the percentage of responsibility.
When selecting an injury lawyer, ask about their experience handling premises liability cases and whether or not they have obtained compensation for clients. Also, inquire about the lawyer's knowledge of local laws and procedures that apply to your particular case. It's crucial to choose an attorney who has a proven track record, especially when dealing with claims that involve complex issues and large payouts.
Product Liability
The laws on product liability specify the conditions under which victims may be compensated for injuries caused by defective products. Generally speaking, anyone who is injured by a defective or dangerous product may sue the manufacturer and others involved in its manufacture and distribution or sale. This includes wholesalers, distributors, and retailers who sold the product. In some states, people who repair or rebuild the products could also be held accountable under certain circumstances.
Injury lawyers know the rules that govern these cases and can ensure that your compensation claims are legitimate. A qualified attorney can also negotiate on behalf of you with the insurance company. The purpose of a compensation claim is to secure money to bring you back to the financial position you were in prior to the accident. This means covering all costs including lost earnings, destroyed property medical bills, physical impairments, loss of enjoyment of life, emotional distress, and loss of consortium.
In most product liability cases lawyers must demonstrate that the defective product was in existence in the moment it left the defendant's possession or control. This could be by showing that the product was defective in its design, manufacturing or warning label. Your attorney may also need to disprove any claim that the defect was caused by inadequate handling or damage.
It is important to keep in mind that the statute of limitations (the time frame within which you are able to bring lawsuits) applies to product liability cases. This law is designed to allow claimants to pursue a case while the evidence and eyewitness memories are still fresh. If you miss the deadline, your claim will be rejected by the court.
Our injury lawyers have handled a variety of defective product cases successfully, and can help you too. If you're ready to discuss your situation with one of our attorneys, please contact us for a free consultation.