10 Things That Your Competitors Teach You About Personal Injury Compensation Claims
How Injury Lawyers Can Help
Severe injuries can cost thousands, or millions - in medical expenses, lost wages and a diminished quality of life. Injury lawyers can guide victims through the complex legal processes, confusing medical terms, and a mountain of paperwork.
They are able to handle communications with injury claims adjusters, write depositions and interrogatories, as well as give expert testimony. They also can defend their clients against personal injury suits brought by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice is a kind of personal injury where hospitals or doctors fail to provide the required treatment for their patient. This can result in serious injury and even death. Medical malpractice injuries are often complex and require an extensive legal process. Our lawyers are experienced in these types cases and will fight to obtain the compensation you deserve.
Doctors undergo specialized training and meet requirements for licensing to ensure they are qualified to care for patients. Even the most trained doctors are capable of making mistakes that could cause serious injury or even death to their patients. These mistakes can range from prescribing the wrong medication to leaving an object in a patient's body following surgery.
In most states there are four elements which must be proven in order to prevail in a medical negligence claim. This includes the existence of the duty of care owed by your healthcare provider; breach of the duty due to the failure to follow medical standards; a causal link between the breach and the injuries; and the amount of damages that flow from the injury. Your lawyer will employ various sources, including expert witnesses to help establish your case.
Your injury lawyer will review your hospital and medical records to determine if you suffered an injury due to the medical professional's negligence. They will then work closely with medical professionals to determine the source of your injury and link it to the actions of the doctor. It is essential to do this because the lawyer representing the defendant could try and claim that your injuries were caused by pre-existing conditions or a result of an underlying medical 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 due to the extremely short statute of limitation for filing a medical malpractice case. If you suspect you or a loved one may be the victim of medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A myriad of causes can result in car accidents, from speeding on the highway, to bumper-to-bumper traffic or pedestrians crossing the street. Each of these factors can have an impact on the injuries victims of accidents suffer. It is therefore important that a lawyer who handles injury claims be aware of the specifics of automobile accidents. Knowing this information can help to determine who is responsible as well as evaluate the damage to property and assess the severity of any physical or mental injuries.
In addition, an experienced lawyer for car accidents can also be your advocate when dealing with defendants or insurance companies. They will make sure that you don't get slapped with low-cost deals and that you are compensated for all your losses. This is crucial because many injured people will simply take the first offer because of convenience or because they think that the compensation is likely sufficient to meet their needs.
If your injuries are at a level that New York State deems to be "serious," then you might qualify for additional compensation that is higher than what insurance companies are offering. 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 are insured and you are insured, it is advisable to consult with an experienced New York City car accident attorney as soon as you can. A lawyer can take care of all the documents and deadlines so you can focus 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.
Keep track of all medical expenses and treatments, along with any income loss or property damage. This will increase your chances of success and allow you to prove your case. It is also helpful to have a witness confirm that your injuries were directly caused by the accident, and not a result of something that occurred prior to or after.
Premises Liability
Premises liability cases involve injuries that occur on the property of another. These accidents are usually caused by the negligence of the owner of the property. This may be due to unsafe or faulty conditions, such as broken elevators and swimming pool accidents and toxic fumes that are not properly warned of. Additionally, a lack of security or safety equipment such as fire alarms can be considered negligent.
In order to bring a successful lawsuit against the property owner, victims must prove they have violated their duty to maintain the property in a safe and secure condition. For example the case where a painter has been hired to work on someone's ceiling and falls due to a cracked tile, the owner of the property could be held accountable for the injuries. Other examples of negligent maintenance include:
State case precedents establish the extent to which property owners must maintain their properties in a safe condition. Certain of these guidelines can also be found in the city's ordinances and regulations. The exact duty of a property owner varies dependent on the status of the visitor and the reason to visit the premises.
For instance, a guest who is staying in the hotel for business reasons is usually categorized as an invitee. This means that the hotel needs to provide a safe environment for guests, however it's not as broad as the duty of care that is owed to those who trespass.
In any accident that is a result of an unsafe property condition, the victim must exercise reasonable care to ensure his or her safety. However, if he or she is found to be responsible for the incident, 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 been successful in obtaining compensation for their clients. Also, inquire about the attorney's understanding of local laws and procedures applicable to your case. It is crucial to select an attorney with an impressive track record of success, especially with cases that have complicated issues and huge payouts.
Product Liability
Product liability laws define the manner in which victims of defective products can be compensated for their injuries. Generally speaking, anyone who is injured by a defective or dangerous item can file a lawsuit against the manufacturer and all those involved in its creation distribution, sale, or production. This includes the distributors, wholesalers, and retailers who sold the product. In some states where repair or rebuild products could be held responsible under certain situations.
Injury lawyers are well-versed in the rules that govern these cases and will assist in ensuring that your claims for compensation are valid. An experienced attorney can also negotiate on your behalf with the insurance company. The main objective of any compensation claim is to give you enough money to place you in the same financial situation that you were in prior the accident occurred. This includes all of your expenses, including lost wages, destroyed property, medical costs, physical impairments and emotional distress.
In most product liability cases, your lawyer must prove that the defective product was in existence at the time it left the defendant's control or possession. This could be done by proving that the product had a defect in its design, manufacture or warning label. Your lawyer may also have to negate any inference that the defect was caused by improper handling or a deterioration.
It is also important to keep in mind that statutes of limitations (the time frame within which you are able to file suit) apply to cases involving product liability. This law was designed to permit plaintiffs to pursue a case so long as the evidence is fresh and the memories of eyewitnesses are still vivid. If Racine injury attorneys do not meet the deadline, your claim could be denied by the court.
Our skilled injury lawyers have successfully dealt with numerous defective product cases and are able to assist you as well. If you're ready to discuss your case with one of our lawyers we invite you to contact us to schedule a free consultation.