How Injury Lawyers Can Help
Severe injuries can cost thousands or millions of dollars in medical bills, lost wages, and diminished quality of life. Injury lawyers can help victims through the complicated legal procedures and medical terminology that can be confusing and mounds of paperwork involved.
They can manage communication with injury claims adjusters, write interrogatories and depositions, and give expert testimony. They also can defend clients from personal injury lawsuits filed by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is when a doctor or hospital does not treat their patient with the proper care they ought to have. This can result in serious injury or even death. Medical malpractice injuries are often complex and require a lot of legal work. Our lawyers have experience in these types of cases and will fight to secure the compensation you deserve.
Doctors must undergo specialized training to be able to treat patients. However even the best-trained doctors are susceptible to errors which can result in serious injuries or even death to the patient. These errors could range from prescribing the wrong medication to leaving a foreign object inside the body of the patient after surgery.
In most states, four elements must be proved to win a claim for medical malpractice. This includes the existence of the duty of care owed by your healthcare provider; a breach of that duty by an inability to follow medical standards; a causal link between the breach and the injuries; and the amount of the damages resulting from the injury. Your lawyer will make use of a variety of resources including expert witnesses to establish your case.
Your injury lawyer will review your medical and hospital records to determine if you sustained an injury due to the medical professional's negligence. Then they will collaborate with medical professionals to determine the root of your injuries and link them to the physician's actions. This is vital because defendants' attorneys will try to argue that your injuries are pre-existing or the result of a different reason, like an underlying health condition.
New York laws are geared more towards protecting hospitals and doctors as opposed to injured patients. This makes it difficult to bring these claims to trial. It is crucial to act quickly due to the extremely short time limit for the filing of a medical malpractice lawsuit. Contact a New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you care about could have been a victim of medical negligence.
Auto Accidents
Car accidents can result from a variety of factors, from the speed of highway driving to bumper-to-bumper traffic, to pedestrians crossing the road. Each factor can have an impact on the injuries that victims of accidents suffer. As a result, it is essential for an injury lawyer to be conversant with the particulars of automobile accidents. This knowledge can assist to determine who is at fault, evaluate property damage and determine the severity of any mental or physical injuries.
A lawyer for car accidents who has experience can also serve as your advocate when dealing with defendants and insurance companies. They will make sure that you do not get presented with low-cost offers and ensure that you are compensated for all your losses. This is important because many people who are injured choose to accept the first compensation offer simply out of convenience, or because they think it will satisfy their needs.
If you have suffered injuries that New York State considers "serious," you may be entitled to additional compensation. This is in addition to the compensation insurance companies offer. If your lawyer is knowledgeable about this threshold, he or she can tell whether you are entitled to additional compensation under New York's strict comparative law.
Even if you have insurance, it is recommended to speak with a seasoned New York City car accident attorney as soon as you can. A lawyer can handle all documents and deadlines so you can concentrate on healing. They can also negotiate with the insurer on your behalf and can often negotiate a better settlement than you could have obtained on your own.
It is also essential to keep track of all your medical expenses and treatments and any losses in income or property damage. This will increase your chances of success and allow you to demonstrate your case. It is also helpful 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
Premises liability cases are those that result in injuries on another person's property. These incidents are usually caused by the negligence of the owner of the property. This can include unsafe or unsafe conditions, like elevators that have failed, swimming pool accidents and toxic fumes that have not been properly warned. Insufficient security or safety equipment, for example, fire alarms, could also be considered negligent.
To make a claim that is successful against the property owner, victims must prove they have violated their duty to keep the property in a safe condition. 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 negligent maintenance might include:
State case precedents establish the extent to which property owners must keep their properties in a safe condition. Some of these guidelines can be found in the city's ordinances and regulations. The exact responsibilities of a property owner varies depending on the visitor's status and purpose to visit the premises.
For example, a guest who is staying in a hotel for business purposes is usually categorized as an invitee. This means that the hotel is accountable for providing a safe and secure environment for guests, but the duty of care isn't as wide as the one owed to 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. If the victim was considered to be partially at fault for the incident, the amount of compensation is decreased according to the percentage of blame.
When selecting an injury lawyer, inquire about their experience handling premises liability cases, and whether or not they've obtained compensation for clients. You can also ask whether the lawyer is knowledgeable of local laws and procedures that apply to your situation. It is important to choose an attorney with an impressive experience of success, especially with cases that have complicated issues and huge payouts.
Product Liability
Product liability laws define when and how victims can be compensated for injuries caused by defective products. Anyone who has been injured by a dangerous or defective product may file a lawsuit against the manufacturer as well as distributors and retailers involved in its manufacture. This includes the distributors, wholesalers, and retailers who sold the product. In certain states, those who repair or rebuild products may also be liable under certain circumstances.
Injury lawyers are familiar with the rules that govern these cases. They will help to ensure that your claims for compensation are legal. An experienced lawyer can also negotiate on your behalf with the insurance company. the advantage of any compensation claim is to provide you with enough money to place you in the same financial situation that you were in prior to the accident occurred. This includes all the expenses, including lost wages, damaged property, medical expenses physical impairments, and emotional distress.
In most product liability claims the lawyer you hire will have to demonstrate that the defective product was present in a way after it was removed from the possession or control of the defendant. You may be able to demonstrate that the item suffered an issue due to its design or manufacturing process, or a warning label. Your lawyer might need to dispel any notion that the problem was due to intermediate handling or damage.
It is important to bear in mind that the statute of limitations (the time limit within which you can start an action) applies 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 case will be denied by the court.
Our experienced injury lawyers have successfully resolved many cases involving defective products and can help you as well. Contact us to set up a free consultation when you are ready to talk about your case with our lawyers.