How Injury Lawyers Can Help
Injuries that cause serious injury can result in thousands, or millions of dollars in medical bills, lost income, and reduced quality-of-life. Injury lawyers can help victims navigate the complex legal processes as well as the confusing medical terminology and mountains of paperwork.
They are able to handle communications with injury claims adjusters, prepare interrogatories and depositions, and provide expert testimony. They also can defend their clients from personal injury lawsuits filed by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice is the case when a medical professional or hospital does not treat their patient with the proper care they are entitled to. This can lead to serious injury or even death. Injuries from medical malpractice are often complex and require extensive legal work. Our lawyers have experience in these types cases and will fight to get the compensation you deserve.
Doctors receive special training and meet the requirements for licensure to ensure that they are competent to treat patients. However even the most experienced doctors can make mistakes that can cause serious injury or even death for patients. These mistakes can range from prescribing a wrong medication to putting an object inside a patient's body following surgery.
In most states there are four factors that must be proved to be successful in a medical malpractice claim. There is a responsibility of your healthcare provider to provide you with the best possible treatment. This obligation must be breached by failing to adhere to medical standards. Your lawyer will employ a variety of resources including expert witnesses to prove your case.
Your injury lawyer will review your medical records and hospital records in order to determine whether the injury you suffered was caused by the medical professional's negligence. Then they will collaborate with medical experts to determine the cause of your injuries and connect them to the physician's actions. It is important to do this because the lawyer representing the defendant could attempt to claim that your injuries are pre-existing, or the result of an underlying condition.
New York state laws tend to favor protecting hospitals and doctors over injured patients, so these kinds of cases are usually very difficult to try. 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 have been the victim of medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A wide range of factors can lead to car accidents that range from speeding on the highway to bumper-to-bumper traffic or pedestrians crossing the street. Each one of these causes can affect the injuries suffered by accident victims. It is therefore essential that an injury lawyer be familiar with the details of automobile accidents. This information can be used to determine property damage, determine fault, and evaluate the severity or any mental or physical injuries.
Additionally, a knowledgeable lawyer for car accidents can also serve as your advocate when dealing with defendants or insurance companies. They will ensure that you do not receive low-ball offers, and will make sure you receive compensation for your losses. This is crucial because many people who suffer injuries take the first offer of compensation because of convenience or because they believe 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 the amount insurance companies offer. If your injury lawyer is knowledgeable about the threshold they'll be able to advise you on whether or not you are entitled to additional compensation under the state's pure comparative negligence law.
Even if you have insurance, it is a good idea to consult with an experienced New York City car accident attorney as soon as you can. A lawyer can take care of the paperwork and deadlines so that you can concentrate on your recovery. They will also be able to negotiate with the insurance company on your behalf and often negotiate a better amount than you would be able to obtain on your own.
Keep track of all medical expenses and treatments, along with any losses in income or property damages. This will increase your odds of success and allow you to demonstrate your case. Aurora injury lawyer is also beneficial to be able to have a witness confirm that your injuries were directly caused by the accident, and not a result of something that occurred prior or following.
Premises Liability
Injuries that happen on someone other's property are covered under premises liability cases. These accidents are generally caused by negligence or lack of diligence on the part of the property owner. This could be due to unsafe or faulty conditions, such as broken elevators and swimming pool accidents and toxic fumes not adequately warned of. In addition, a lack of safety or security equipment like fire alarms could be considered to be negligent.
In order to be successful in claiming the plaintiff must prove that the property owner owed an obligation to keep their premises in safe condition and that they failed to fulfill this obligation. For example the case where a painter has been employed to repair someone's ceiling and falls due to a damaged tile, the owner of the property could be held responsible for the injuries. Other instances 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 defined by state case precedents. Certain of these guidelines are established by city ordinances and building regulations. The exact duty of property owners varies according to the status of the visitor and reason for visiting the premises.
A person who is staying in a hotel on business is classified as an invited guest. This means that the hotel is responsible for providing a safe and secure environment for guests, however the responsibility for care is not as broad as that owed to trespassers.
In any accident that is caused by an unsafe property condition the victim is required to exercise reasonable care for their own safety. However, if he or they are found to be responsible for the incident, recovery will be reduced by the percentage of negligence.
Ask about the expertise of the lawyer handling premises liability cases, and if they have been successful in getting compensation for their clients. You can also ask about the lawyer's knowledge of local laws and procedures that apply to your situation. It is crucial to select an attorney who has a proven track record, particularly when dealing with claims that require complex issues and large payouts.
Product Liability
The laws governing product liability define the conditions under which victims may get compensation for injuries incurred by defective products. Generally speaking, anyone who is injured by a faulty or dangerous item can sue the manufacturer and all those involved in its creation and distribution or sale. Wholesalers, distributors, and retailers who sold the product are included in this. In some states, people who repair or replace products could also be held accountable under certain circumstances.
Lawyers who specialize in injury know the rules that govern such cases and can ensure that your compensation claims 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 secure money to return you to the financial situation you were in prior to the accident. This means covering all your expenses, including any loss of earnings, damaged property, medical bills, physical impairments loss of enjoyment of life, emotional distress and loss of consortium.
In most product liability claims the lawyer you hire will have to demonstrate that the defective item was present in a way after it was removed from the control or possession of the defendant. This could include proving that it was defective in its design, manufacturing, or warning label. Your attorney may also need to negate any inference that the defect was caused by intermediate handling or a deterioration.
Also, it is important to remember that the statutes of limitations (the time limit within which you are able to file suit) apply to cases involving product liability. The law was created to permit claimants to pursue a case as long as the evidence is fresh and the eyewitness memories are still vivid. If you miss the deadline your claim will be denied.
Our experienced injury lawyers have successfully resolved many cases involving defective products and can help you as well. Contact us for a a free consultation when you are ready to talk about your case with our lawyers.