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 help victims through the complicated legal processes, confusing medical terms, and mounds of paperwork involved.
They also manage communication with insurance adjusters, conduct interrogatories and depositions, and provide expert witness testimony. They also assist clients from personal injury lawsuits filed by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a form of personal injury that occurs when hospitals or doctors fail to meet the standard of care when treating their patient. This can lead to serious injury and even death. Medical malpractice cases can be complex, requiring an extensive legal process. Our lawyers have experience in these kinds of cases and will fight to secure the compensation you're entitled to.
Doctors undergo specialized training and satisfy requirements for licensing to ensure they are qualified to treat patients. However, even the most well-trained doctors can make mistakes that can cause serious injury or even death for patients. These errors could range from prescribing the wrong drug to leaving an object in a patient's body following surgery.
In most states four elements must be proven in order to win a claim for medical malpractice. There must be a legal obligation of your healthcare provider to provide you with the highest possible treatment. This duty must be violated by failing to adhere to medical standards. Your lawyer will make use of a variety of sources including expert witnesses to prove your case.
Your injury lawyer will review your hospital and medical records to determine if you sustained an injury as a result of the negligence of a medical professional. Then they will collaborate with medical professionals to determine the reason for your injuries and connect them to the actions of the doctor. This is crucial because defendants' attorneys will attempt to argue that your injuries are caused by pre-existing conditions or the result of a different factor, such as an underlying health issue.
New York laws are geared more toward protecting hospitals and doctors as opposed to injured patients. This makes it difficult to bring these claims to trial. Acting quickly is important due to the extremely short statute of limitation for filing a medical malpractice case. Contact an New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you know might have been the victim of medical negligence.
Auto Accidents
Car accidents can be caused by a variety of factors, ranging from speeding highway driving to bumper-to-bumper traffic and pedestrians crossing the roadway. Every factor has an impact on the injuries victims of accidents suffer. It is therefore essential that a lawyer who handles injury claims be knowledgeable about the specifics of car accidents. This knowledge can assist to determine who is responsible as well as evaluate the damage to property and determine the extent of any physical or mental injuries.
In addition, an experienced lawyer for car accidents can also be your advocate when dealing with insurance companies or defendants. They will ensure that you don't receive lowball offers, and that you get compensation for your losses. This is crucial because many people who are injured accept the first compensation offer because of convenience or because they think it will cover their needs.
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 is familiar with this threshold, they will be able tell you if you are entitled to additional compensation under New York's pure comparative law.
Even if you are covered by insurance, it's best to consult an experienced New York City auto accident lawyer as soon as you can. A lawyer will be able to handle all the documents and deadlines so you can focus on healing. They can also negotiate with the insurer on your behalf and often get you an offer that is better than what you could have achieved on your own.
It is also essential to record all medical expenses and treatments in addition to any loss of income or property damage. This will help prove your case and increase your chances of a positive outcome. Additionally, it is helpful to have an expert witness who can confirm that your injuries were a direct result of the crash and not something that happened prior to or after.
Premises Liability
Premises liability cases result in injuries that occur on another person's property. These accidents are typically caused by the negligence of the property owner. injury accident lawyers can include unsafe or defective conditions, like elevators that have broken down or swimming pool accidents as well as toxic fumes that are not properly warned about. In addition, a deficiency of safety or security equipment such as fire alarms could be deemed negligent.
In order to file a successful claim against the property owner, the victims must prove that they acted in violation of their duty to maintain the property in a safe and secure condition. For instance, if the painter was employed to paint a ceiling, and fell from a cracked tile the owner of the property could be held responsible. Other examples of negligent maintenance could include:
The law determines the extent to which a property owner must ensure that their property is in a safe state and this is governed by the state's case precedents. Certain of these guidelines can also be found in city ordinances and construction regulations. The exact duty of property owners varies according to the status of the visitor and purpose to visit the premises.
For instance, a guest who is staying in an establishment for business reasons is usually categorized as an invitee. This means that the hotel needs to provide a safe environment for guests, however it is not as broad as the duty of care owed to the trespassers.
In any accident that is caused by the property in danger the victim is required to take reasonable precautions for his or her own safety. However, if he or she is found to be partially responsible for the incident the amount of compensation will be reduced by the proportion of negligence.
When choosing an injury lawyer, inquire about their experience handling premises liability cases, and whether or not they've been awarded compensation for clients. You can also ask about the lawyer's knowledge of local laws and procedures applicable to your situation. It is crucial to select an attorney who has a proven track record, particularly when dealing with claims that require complicated issues and huge payouts.
Product Liability
The laws on product liability specify the manner in which victims can get compensation for injuries incurred by defective products. Generally speaking, anyone who is injured by a faulty or dangerous product may file a lawsuit against the manufacturer and all those involved in its creation distribution, sale, or production. This includes distributors, wholesalers and retailers who sold the product. In some states, people who repair or rebuild the products can also be liable under certain circumstances.
Lawyers who specialize in injury are aware of the laws that govern these cases and can help ensure that all of your claims for compensation are valid. An experienced attorney can also negotiate on your behalf with the insurance company. The objective of a claim for compensation is to secure money to return you to the financial situation you were in prior to the accident. This includes covering all costs including any lost earnings, destroyed property, medical bills, physical impairments loss of enjoyment of life, emotional distress and loss of consortium.
In most product liability claims lawyers will need to demonstrate that the defective item was present in a way before it left the control or possession of the defendant. This could be done by proving that the item was defective in its design, manufacturing or warning label. Your attorney may also need to disprove any claim that the defect was caused by improper handling or a deterioration.
It is also important to remember that the statutes of limitations (the time limit within which you can file a suit) apply to product liability cases. This law is designed to allow claimants to pursue a case while evidence and eyewitness memory are fresh. If you miss the deadline, your claim will be rejected by the court.
Our skilled injury lawyers have successfully handled many cases involving defective products and are able to assist you as well. Contact us for a an initial consultation for free when you are ready to talk about your case with our lawyers.