How Injury Lawyers Can Help
Serious injuries can cost thousands - even millions - in medical expenses, lost wages and a diminished quality of life. Injury lawyers can help victims navigate the complex legal processes and confusing medical terminology and mountains of paperwork.
They are able to handle communications with injury claims adjusters, write depositions and interrogatories, and give expert testimony. They can also defend their clients against personal injury suits brought by insurance companies that act in bad good faith.
Medical Malpractice
Medical malpractice is a type of personal injury in which hospitals or doctors fail to meet the standards of care when treating their patient. This could result in serious injuries and even death. Medical malpractice claims can be complicated, requiring an extensive legal process. Our lawyers have experience in these kinds of cases and will fight for you to receive the compensation you deserve.
Doctors receive specialized training and satisfy requirements for licensing to ensure they are qualified to care for patients. However even the most experienced doctors are susceptible to errors that can cause serious injury or death to patients. These mistakes can range from prescribing incorrect medication or leaving a foreign object in the body of a patient following surgery.
In most states, four elements must be proven in order to win a claim for medical malpractice. There is a responsibility 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 use a variety of resources, including expert witnesses, to prove your case.
Your lawyer for injury will go over your medical and hospital records to determine whether you suffered an injury due to the negligence of a medical professional. They will then work with medical professionals to determine the source of your injury and tie it to the doctor's actions. This is essential since lawyers representing the defendants will try to argue that your injuries are caused by pre-existing conditions or the result of another factor, such as an underlying health issue.
New York laws are geared more toward protecting hospitals and doctors rather than injured patients. This makes it difficult to bring these cases to trial. It is crucial to act quickly due to the extremely short statute of limitation for the filing of a medical malpractice lawsuit. If you suspect 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 variety of factors, from fast highway driving, bumper-to-bumper traffic to pedestrians crossing the road. Each one of these causes could impact the injuries suffered by victims of accidents. As a result, it is important for an injury lawyer to be conversant with the specifics of automobile accidents. This knowledge can be used to determine the extent of damage to property as well as to determine fault and evaluate the severity or any mental or physical injuries.
A car accident attorney with experience can represent you in dealing with insurance companies and defendants. They will ensure that you do not receive low-ball offers and that you get compensation for your losses. This is particularly important because many injured individuals simply choose to accept the first offer out of the convenience of it or because they think that the amount of compensation will be enough to cover their expenses.
If you have suffered injuries that New York State considers "serious," you may be entitled to additional compensation. This is in addition to the amount insurance companies offer. If your lawyer is aware of this threshold, they can tell you if you are entitled to additional compensation under New York's pure comparative law.
Even if you have insurance and you are insured, it is recommended to consult with an experienced New York City car accident attorney as soon as possible. A lawyer will be able to take care of all paperwork and deadlines so that you can concentrate on healing. They are also able to negotiate with the insurance company on your behalf, and will often get you a higher amount than you would be capable of obtaining on your own.
It is also important to record all medical treatment and expenses, as well as any losses in income or property damage. This will increase your odds of success and allow you to demonstrate your case. Additionally, it's helpful to have an expert witness who can confirm that your injury was directly caused by the accident and not due to something that happened prior to or after.
Premises Liability
Injuries that occur on someone else's property are covered by premises liability cases. These accidents are typically caused by negligence or a lack of care on the part of the property owner. This could include unsafe or faulty conditions, such as broken elevators or swimming pool accidents and toxic fumes that are not adequately warned about. Additionally, a lack of security or safety equipment like fire alarms could be considered to be negligent.
In order to be successful in claiming the victims must prove that the property owner owed the obligation to maintain their premises in safe condition and that they breached this obligation. For example when a painter is hired to work on a ceiling and falls from a cracked tile, the property owner could be held responsible for the injury. Other instances of negligence in maintenance might include:
State case precedents establish the extent to which property owners must maintain their properties in a safe state. Some of these guidelines are set by city ordinances and building regulations. The exact responsibilities of property owners varies dependent on the status of the visitor and purpose of visiting the property.
For example, a guest who is at the hotel for business reasons is usually categorized as an invitee. This means that the hotel must provide a safe space for guests, however it's not as wide as the duty of care owed to those who trespass.
In accident injury law firms involving an unsafe property condition the victim is required to take reasonable precautions to ensure his or her safety. If the victim is considered to be partially responsible for the incident, then the amount of compensation awarded will be reduced according to the percentage of responsibility.
Ask about the experience of the lawyer handling premises liability cases and whether they have been successful in getting compensation for their clients. You should also inquire about the lawyer's knowledge of local laws and procedures applicable to your case. It is essential to select an attorney with a track record of success. track record, particularly when dealing with claims that involve complex issues and large payouts.
Product Liability
The laws on product liability specify when and how 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 production, distribution, or sale. This includes the wholesalers, distributors, and retailers who sold the product. In some states, people who repair or replace products could also be held accountable under certain conditions.
Lawyers who specialize in injury know the rules that govern such cases and can assist in ensuring that your compensation claims are legitimate. In addition, a competent lawyer will be able to examine the settlement offer and could be able to negotiate with the insurance company on your behalf. The primary objective of any compensation claim is to provide enough money to put you back in the same financial position that you were in prior the accident happened. This means that you will be able to cover all costs, including any loss of earnings, damaged property physical impairments, medical bills loss of enjoyment life, emotional stress, and loss of consortium.
In the majority of product liability cases, your lawyer will need to demonstrate that the defective product was present in a way after it was removed from the control or possession of the defendant. You could prove that the item had an issue due to its design, manufacturing, or warning label. Your lawyer may be required to dispel any claims that the defect was caused due to intermediate handling or damage.
It is important to keep in mind that the statute of limitations (the time frame within the time you can start a lawsuit) is applicable to product liability cases. This law was drafted to allow claimants to pursue a case so long as the evidence is fresh and the memories of eyewitnesses are still vivid. If you miss the deadline, your claim will be denied by the court.
Our experienced injury lawyers have successfully resolved many defective product cases and are able to assist you as well. If you're ready to discuss your case with one of our lawyers, please contact us for a free consultation.