How Injury Lawyers Can Help
Serious injuries can cost thousands, or millions - in medical expenses, lost wages and a diminished quality of life. Injury lawyers can help victims navigate the complex legal procedures, confusing medical terminology, and a mountain of paperwork.
They are able to handle communications with injury claims adjusters, draft depositions and interrogatories, as well as give expert testimony. They also can defend their clients against personal injury lawsuits brought by insurance companies who act in bad faith.
Medical Malpractice
Medical malpractice is the case when a medical professional or hospital does not treat their patient with the care they should have. This could result in serious injury or even death. Medical malpractice cases can be complicated, requiring extensive legal work. Our lawyers are skilled in these kinds of cases and will fight to get you the compensation you're entitled to.
Doctors undergo specialized training and meet licensing requirements to ensure they are qualified to treat patients. Even the best-trained doctors are capable of making mistakes that could cause serious injuries or even death to their patients. These errors can be anything from prescribing the wrong drug to putting an object inside the body of a patient after surgery.
In most states there are four elements that must be proven in order to prevail in a lawsuit for medical malpractice. This includes the existence of an obligation of care from your healthcare provider; breach of that duty by a failure to adhere to medical standards; a causal link between the breach and your injuries; and an amount of damages resulting from the injury. Your lawyer will employ numerous resources, including expert witnesses to establish 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 the medical professional. They will then collaborate with medical professionals to determine the source of your injury and tie it to the physician's action. This is essential because defendants' attorneys will try to argue that your injuries are caused by pre-existing conditions or the result of a different reason, like an underlying health condition.
New York laws are geared more towards protecting doctors and hospitals rather than injured patients. This makes it difficult to bring these cases to trial. It is crucial to act quickly since there is a limited time frame for filing a medical malpractice claim. If you suspect that you or a loved one might be victimized by medical malpractice, speak to an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A myriad of factors can lead to car accidents including speeding on the highway to bumper-tobumper pedestrians or traffic crossing the street. Each of these factors could impact the injuries suffered by the victims of an accident. Therefore, accident injury lawyers near me is essential that an injury lawyer be aware of the specifics of automobile accidents. This knowledge can assist to determine who is at fault as well as evaluate the damage to property and assess the severity of any physical or mental injuries.
In addition, an experienced car accident attorney can be your advocate when dealing with insurance companies or defendants. They will ensure that you don't receive lowball offers, and will make sure you receive compensation for your losses. This is crucial since many injured people take the first offer of compensation just for convenience or because they believe that 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 amount the insurance company offers. If your lawyer for injury is familiar with the threshold, they will be able to guide you on whether or not you are entitled to additional compensation under the state's law of pure comparative negligence.
Even if you are insured it is a good idea to talk to an experienced New York City car accident attorney as soon as possible. A lawyer will be able to take care of all the formalities and deadlines so you can focus on healing. They are also able to negotiate with the insurance company on your behalf, and will often secure a greater settlement than you would have been able to obtain on your own.
Keep track of all medical expenses and treatments, as well as any lost incomes or property damage. This will aid in proving your case and increase the likelihood of a successful outcome. Additionally, it is important to have an expert witness who can confirm that your injury was directly caused by the accident and not due to something that happened before or after.
Premises Liability
Premises liability cases involve injuries that occur on the property of a third party. These accidents are typically caused by the negligence of the property owner. This can be due to 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 lack of security or safety equipment such as fire alarms can be deemed negligent.
In order to be successful in claiming the plaintiff must prove that the property owner had a duty to keep their premises safe and that they violated this duty. For instance, if a painter is hired to work on a ceiling and falls from a damaged tile, the owner of the property could be held responsible for the injuries. Other examples of negligent maintenance could include:
The law determines the extent to which property owners must maintain their property in a safe condition and this is governed by state case precedents. Some of these guidelines are also established by city ordinances and building regulations. The duty of the property owner is contingent on the purpose of the visitor as well as his status.
A guest staying in the hotel on business is categorized as an invited guest. This means the hotel is accountable for providing a safe and secure environment for guests, but the duty of care isn't as broad as that owed to criminals.
In any incident that involves an unsafe property condition, the victim must exercise reasonable care to ensure his or her safety. If, however, he she is found to be at fault for the accident, recovery will be reduced by his or her percentage of negligence.
Ask about the expertise of the lawyer handling premises liability cases, and if they have had success in getting compensation for their clients. Also, inquire about the attorney's understanding of local laws and procedures that are applicable to your case. It's crucial to choose an attorney with a successful track record, especially when dealing with claims that have complex issues and large payouts.
Product Liability
Product liability laws determine the manner in which victims of defective products are entitled to compensation for their injuries. Anyone who has been injured by a dangerous or defective product may file a suit against the manufacturer as well as distributors and retailers involved in its manufacture. Wholesalers, distributors, and retailers who sold the product are also included in this. In certain states the people who repair or rebuild products may be held liable in certain situations.
Injury lawyers are well-versed in the rules that govern these cases and can assist in ensuring that all of your claims for compensation are legal. Additionally, a experienced attorney will know how to examine the settlement offer and could be in a position to negotiate with the insurance company on your behalf. The purpose of a compensation claim is to secure money to return you to the financial position you were in prior to the accident. This means covering all costs including any loss of earnings, damaged property, medical bills, physical impairments, loss of enjoyment of life, emotional distress, and loss of consortium.
In the majority of claims for product liability lawyers will need to show that the defective item was present in some way before it left the control or possession of the defendant. You could prove that the item was defective defects due to its design or manufacturing process, or a warning label. Your attorney may need to dispel any claims that the problem was by handling errors or damage.
It is important to bear in mind that the statute of limitations (the time limit within which you are able to start a lawsuit) applies to product liability cases. This law was drafted to allow claimants to pursue their case in the event that the evidence is still fresh and the memories of eyewitnesses are still vivid. If you fail to meet the deadline, your claim will be deemed invalid.
Our lawyers for injury have handled many defective product cases successfully and can help you too. When you are ready to discuss your matter with one of our lawyers Contact us to set up a no-cost consultation.