How Injury Lawyers Can Help
Injuries that cause serious injury can cause thousands, or millions of dollars in medical expenses, lost income and diminished quality of life. Injury lawyers can help victims navigate the complex legal procedures and confusing medical terminology and a mountain of paperwork.
They can also manage communications with insurance adjusters, prepare interrogatories and depositions, as well as provide expert witness testimony. They can also defend clients from personal injury lawsuits brought by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a type of personal injury in which hospitals or doctors fail to meet the standard of treatment for their patient. This can lead to serious injury or even death. Medical malpractice injuries can be complex, requiring the use of a lawyer for a long time. Our lawyers are skilled in these types of cases and will fight to get you the compensation you deserve.
Doctors undergo specialized training and meet the requirements for licensure to ensure that they are qualified to treat patients. However even the most experienced doctors make mistakes that could cause serious injury or even death for a patient. These mistakes can range from prescribing the wrong medication or leaving a foreign object in the body of a patient following surgery.
In the majority of states there are four factors that must be proven to prevail in a medical negligence claim. This involves the existence of an obligation of care from your healthcare provider; breach of that duty through a failure to adhere to medical standards; a causal link between the breach and your injuries; and the amount of the damages resulting from the injury. Your lawyer will make use of numerous resources, including expert witnesses to prove your case.
Your lawyer for injury will go through all of your medical records and hospital records to determine if the injury you sustained was the result of a medical professional's negligence. They will then work closely with medical professionals to determine the cause of your injury and tie it to the actions of the doctor. This is vital since lawyers representing the defendants will try to claim that your injuries are caused by pre-existing conditions or the result of a different reason, like an underlying health issue.
New York laws are geared more towards protecting doctors and hospitals than injured patients. This makes it difficult to bring these claims to trial. It is crucial to act quickly since there is a short time limit for filing a medical malpractice claim. If you suspect you or a loved one might be victimized by medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
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. Every factor can impact the injuries accident victims suffer. As a result, it is essential for an injury lawyer to be familiar with the specifics of automobile accidents. Knowing this information can help to determine who is responsible, evaluate property damage and evaluate the extent of any physical or mental injuries.
In addition, an experienced lawyer for car accidents can also represent you when dealing with insurance companies or defendants. They will ensure that you are not presented with lowball offers and that you are compensated for all losses. This is crucial because many injured people simply choose to accept the first offer out of convenience or because they think that the compensation is likely enough to cover their expenses.
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 what insurance companies offer. If your lawyer for injury is knowledgeable about the threshold and the threshold, they'll be able to guide you on whether or not you're eligible for more compensation under the state's law of pure comparative negligence.
Even if you are covered by insurance it's recommended to speak with an experienced New York City auto accident lawyer as soon as you can. An attorney can take care of the paperwork and deadlines, so you can concentrate on your recovery. They can also negotiate with the insurer on your behalf, and usually get you an offer that is better than what you could have obtained on your own.
It is also essential to keep track of all your medical treatment and expenses and any lost income or property damage. This will help to prove your case and increase the chances of a favorable outcome. It is also helpful to have a witness who can confirm that your injuries were the direct result of the accident, and not a result of something that occurred prior or following.
Premises Liability
Premises liability cases involve injuries that occur on another person's property. These accidents are generally caused by negligence or a lack of diligence on the part of the property owner. This may be due to unsafe or faulty conditions, such as broken elevators, swimming pool accidents, and toxic fumes that are not properly warned of. Additionally, a lack of safety or security equipment such as fire alarms could be deemed negligent.
To file a successful claim the plaintiff must prove that the property owner owed an obligation to keep their premises in safe condition and that they breached this duty. If, for example, the painter was employed to paint a ceiling, and fell off a cracked tile, the property owner may be held accountable. Other examples of negligence in maintenance might include:
The law defines the extent to which a property owner must keep their property in a safe and secure condition, and this is defined by state case precedents. Some of these guidelines are defined by city ordinances as well as building regulations. The responsibility of the property owner is contingent on the purpose of the visitor as well as his status.
A guest staying in a hotel on business is classified as an invited guest. This means that the hotel has to offer a safe and secure environment for guests, however it's not as wide as the duty of care owed to trespassers.
In any accident that is a result of a dangerous property condition the victim must exercise reasonable care to ensure his or her safety. If he or she was found partially responsible for the incident then the amount of compensation will be reduced according to the percentage of blame.
Ask about You Tube of the lawyer handling premises liability cases, and if they have succeeded in getting compensation for their clients. You can also ask about the attorney's knowledge of local laws and procedures applicable to your situation. It is important to choose an attorney with a track record of success, especially with claims involving complex issues and large payouts.
Product Liability
The laws governing product liability define the manner in which victims can receive compensation for injuries caused by defective products. In general, anyone who has been injured by a defective or dangerous item can sue the manufacturer and all those involved in its manufacture distribution, sale, or production. This includes wholesalers, distributors, and retailers who sold the product. In some states, people who repair or rebuild the products may also be liable under certain conditions.
Injury lawyers are familiar with the rules that govern these cases and will assist in ensuring that all claims for compensation are valid. An experienced lawyer can also negotiate on behalf of you with the insurance company. The primary goal of a compensation claim is to obtain money to bring you back to the financial position you were in prior to the accident. This includes all your expenses including lost wages, damaged property, medical expenses physical impairments, and emotional distress.
In the majority of product liability cases lawyers must demonstrate that the defective product was in existence when it left defendant's control or possession. This could be done by proving that it was defective in its design, manufacturing, or warning label. Your lawyer may be required to dispel any claims that the defect is by handling errors or damage.
Also, it is important to remember that the statutes of limitations (the time frame within which you can file suit) apply to product liability cases. This law is designed to ensure that claimants are able to pursue their case while the evidence and eyewitness memory are still fresh. If you fail to meet the deadline, your claim will be rejected.
Our lawyers for injury have handled numerous defective product cases successfully and can help you too. Contact us today to schedule an initial consultation for free when you are ready to talk about your case with our lawyers.