How Injury Lawyers Can Help
Serious injuries can cause thousands, or millions of dollars in medical bills, lost income, and reduced quality-of-life. Injury lawyers can help victims navigate the complex legal procedures and confusing medical terminology and a mountain of paperwork.
They also manage communication with insurance adjusters, write depositions and interrogatories, and 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 the case when a medical professional or hospital doesn't treat a patient with the proper care they should 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 types cases and will fight to secure the compensation you deserve.
Doctors receive specialized training and meet licensing requirements to ensure they are competent to treat patients. Even the most trained doctors can make mistakes that can result in serious injury or even death to their patients. These errors could range from prescribing the wrong drug to leaving an object in the body of a patient after surgery.
In most states there are four elements that must be proven to be successful in a claim for medical malpractice. There must be a duty of your healthcare provider to provide you with the highest possible care. This duty must be violated when a healthcare provider fails to follow medical standards. Your lawyer will use a variety of sources, including expert witnesses, to prove your case.
Your injury lawyer will review your medical and hospital records to determine if you sustained an injury due to the negligence of the medical professional. Then, they will work with medical experts to establish the reason for your injuries and link them to the actions of the doctor. This is essential because lawyers for defendants will try to claim that your injuries are pre-existing or the result of a different reason, like an underlying health issue.
New York state laws tend to protect doctors and hospitals rather than injured patients, which is why these kinds of cases are often very challenging to try. There is also a short statute of limitations to make a claim for medical malpractice, so it's important to act quickly. Contact an New York medical malpractice attorney at the Cochran Firm if you suspect that you or someone you know might have been the victim of medical negligence.
Auto Accidents
A myriad of factors can cause car accidents that range from speeding on the highway, to bumper-to-bumper pedestrians or traffic crossing the street. Each one of these causes could cause injuries to accident victims. It is therefore important that a lawyer for injury be aware of the specifics of car accidents. Having this knowledge can help to determine who is to blame as well as evaluate the damage to property and evaluate the severity of any mental or physical injuries.
Additionally, a knowledgeable car accident attorney can serve as your advocate when dealing with insurance companies or defendants. They will make sure that you don't get slapped with low-cost offers and ensure that you are compensated for all the losses. This is crucial because many injured people take the first offer of compensation just for convenience or because they think it will satisfy their needs.
If your injuries are at a degree that New York State deems to be "serious," then you might qualify for additional compensation that is higher than what the insurance company is providing. If your lawyer is familiar with this threshold, they will be able to tell whether you are entitled to additional compensation under New York's pure comparative law.
Even if you're covered by insurance it is best to consult an experienced New York City auto accident attorney as soon possible. A lawyer can handle all the paperwork and deadlines so that you can focus on healing. They can also negotiate with the insurance company on your behalf and often get you an offer that is better than what you could have gotten on your own.
It is also crucial to document all your medical treatment and expenses, as well as any loss of income or property damage. This will increase your chances of success and assist you establish your case. It is also beneficial to have a witness confirm that your injuries were directly caused by the accident and not due to something that occurred prior or following.
Premises Liability
Premises liability cases involve injuries that occur on another person's property. These accidents are typically caused by negligence or lack of diligence on the part of the property owner. This may include unsafe or faulty conditions, such as broken elevators or swimming pool accidents and toxic fumes not properly warned of. Additionally, a lack of security or safety equipment such as fire alarms could be considered negligent.
In order to bring a successful lawsuit against the property owner, victims must prove that they violated their obligation to keep the property in a safe condition. If, for instance, an employee was hired to paint a ceiling and fell off a cracked tile, the property owner may be held responsible. Other instances of negligence in maintenance could include:
The law determines the extent to which property owners must ensure that their property is in a safe condition and this is governed by state case precedents. Certain of these guidelines are set by city ordinances and building regulations. The exact duty of a property owner varies dependent on the status of the visitor and purpose for visiting the premises.
For instance, a person who is staying in an establishment for business reasons is typically categorized as an invitee. This means the hotel is accountable to provide a safe environment for guests, but the responsibility for care isn't as broad as that owed to criminals.
In any accident that is caused by an unsafe property condition the victim is obligated to take reasonable precautions to ensure his or her safety. However, if he or she is found to be partly at fault for the incident the recovery will be diminished by the proportion of negligence.
Ask about the experience of the lawyer in handling premises liability cases and whether they have had success in obtaining compensation for their clients. You should also inquire about the attorney's knowledge of local laws and procedures applicable to your situation. YouTube is crucial to select an attorney who has a proven track record, especially when dealing with claims that require complicated issues and huge payouts.
Product Liability
Product liability laws determine the manner in which victims of defective products can be compensated for their injuries. Anyone who has been injured by a defective or dangerous product may file a lawsuit against the manufacturer, distributors, and retailers involved in its manufacture. Distributors, wholesalers, and retailers who sold the product are also included in this. In some states, people who repair or replace products can also be liable under certain circumstances.
Lawyers who specialize in injury know the rules that govern such cases and can help ensure that your compensation claims are legitimate. Additionally, a competent lawyer will be able to evaluate a settlement offer and may be capable of negotiating with the insurance company on your behalf. The primary objective of any compensation claim is to provide enough money to place you in the same financial situation that you were in before the accident happened. This includes all of your expenses including lost wages, damaged property, medical expenses physical impairments, emotional distress.
In most product liability claims lawyers will need to prove that the defective item was present in a way when it left the possession or control of the defendant. It is possible to prove that the item had an issue due to its design or manufacturing process, or a warning label. Your lawyer may be required to dispel any inferences that the defect is by improper handling or damage.
Also, it is important to remember that the statutes of limitations (the time limit within which you can file a suit) apply to product liability cases. The law was created to allow claimants to pursue a case as long as the evidence is fresh and the eyewitness testimony is still vivid. If you fail to meet the deadline, your claim will be denied by the court.
Our lawyers for injury have handled a variety of defective product cases successfully and are able to help you too. Contact us to set up an initial consultation for free when you are ready to discuss your case with our attorneys.