Personal Injury Compensation Claims: A Simple Definition
How Injury Lawyers Can Help
Serious injuries can cost thousands, or even millions in medical bills, lost income, and a diminished quality of life. Injury lawyers can assist victims navigate the complex legal process and confusing medical terminology and mountains of paperwork.
They are able to handle communications with injury claims adjusters, draft depositions and interrogatories, as well as give expert testimony. They can also defend their clients against personal injury lawsuits brought by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice occurs when a hospital or doctor doesn't treat a patients with the respect they are entitled to. This can cause serious injuries or even death. Medical malpractice-related injuries can be complex and require extensive legal work. Our lawyers have experience handling these types cases and will fight to obtain the compensation you deserve.
Doctors must receive specialized training to be able to treat patients. Even the best-trained doctors can make mistakes that could cause serious injuries or even death to their patients. These mistakes can range from prescribing the wrong medication to leaving an object in the body of a patient following surgery.
In most states there are four elements that must be proven to win a medical malpractice claim. There is a responsibility of your healthcare provider to provide you with the highest possible treatment. This duty cannot be violated when a healthcare provider fails to follow medical standards. Your lawyer will make use of a variety of sources, including expert witnesses, to establish your case.
Your lawyer for injury will go over your hospital and medical records to determine if you sustained an injury due to the negligence of a medical professional. They will then work with medical experts to determine the reason for your injuries and connect them to the actions of the doctor. It is crucial to do this as the attorney representing the defendant will try and claim that your injuries were pre-existing, or the result of an underlying condition.
New York state laws tend to favor protecting doctors and hospitals rather than injured patients, and these types of claims are usually very difficult to present to trial. Acting quickly is important since there is a short time limit for filing a medical malpractice claim. If you believe that you or someone you love may have been victimized by medical malpractice, speak to an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A variety of factors can lead to car accidents including speeding on the highway to bumper-tobumper pedestrians or traffic crossing the street. Each one of these causes has the potential to impact the injuries suffered by victims of accidents. It is therefore important that an injury lawyer be aware of the specifics of auto accidents. This information can be used to assess the damage to property as well as to determine fault and evaluate the severity or any mental or physical injuries.
An attorney for car accidents who has experience can also 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 important because many people who suffer injuries accept the first compensation offer just for convenience or because they believe that it will meet their needs.
If your injuries are at a level New York State deems to be "serious," then you may be entitled to additional compensation beyond what insurance companies are offering. If your lawyer is aware of this threshold, they will be able tell you if you're entitled to additional compensation under New York's pure comparative law.
Even if you are insured, it is advisable to speak with a seasoned New York City car accident attorney as soon as possible. An attorney will be able to handle all the formalities and deadlines so you can concentrate on healing. They can also negotiate with the insurer on your behalf, and often get you an amount that is higher than what you could have obtained on your own.
Keep track of all medical expenses and treatments, as well as any losses in income or property damages. This will increase your chances of success and help you demonstrate your case. It is also beneficial to have a witness testify that your injury was the direct result of the accident and not due to something that occurred prior or following.
Premises Liability
Premises liability cases result in injuries that occur on the property of a third party. These incidents are usually caused by negligence or lack of care by the property owner. This can be due to unsafe or defective conditions, like elevators that are malfunctioning or swimming pool accidents as well as toxic fumes which are not properly warned. Insufficient safety or security equipment, such as fire alarms, could also be considered negligent.
In order to file a claim that is successful the victims must prove that the property owner owed a duty to keep their premises safe and that they violated this duty. For instance, if a painter is employed to repair someone's ceiling and falls off a damaged tile, the property owner may be held liable for the injury. Other instances of negligent maintenance might include:
The law defines the extent to which property owners must ensure that their property is in a safe state and this is governed by the state's case precedents. You Tube of these guidelines are also set by city ordinances and building regulations. The responsibility of the property owner depends on the purpose of the visitor and his status.
For instance, a guest who is staying in an establishment for business reasons is usually categorized as an invitee. This means that the hotel must provide a safe environment for guests, however it is not as broad as the duty of care that is owed to trespassers.
In any incident that involves a dangerous property condition, the victim is required to take reasonable precautions for his or her own safety. If he or is found to be at fault for the incident, recovery will be reduced by the proportion of negligence.
Ask about the experience of the lawyer handling premises liability cases, and if they have had success in obtaining compensation for their clients. Also, inquire whether the lawyer is knowledgeable of local laws and procedures applicable to your situation. It's crucial to choose an attorney with a successful track record, particularly when dealing with claims that require complicated issues and huge payouts.
Product Liability
The laws on product liability specify when and how victims can get compensation for injuries incurred by defective products. Anyone who has been injured due to an unsafe or defective product may file a suit against the manufacturer as well as distributors and retailers who were involved in its creation. Wholesalers, distributors, and retailers who sold the item are also included in this. In some states, people who repair or rebuild products may also be liable under certain conditions.
Injury lawyers know the rules that govern these cases and can assist in ensuring that your compensation claims are valid. A qualified attorney can also negotiate on behalf of you with the insurance company. The objective of any compensation claim is to give you enough money to place you in the same financial situation that you were in prior to the accident took place. This includes covering all of 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 the majority of product liability cases the lawyer must show that the defective product was present at the time it left the defendant's possession or control. This could be done by proving that the item had a defect in its design, manufacture, or warning label. Your lawyer might need to dispel any claims that the problem was due to intermediate handling or damage.
Also, it is important to keep in mind that statutes of limitations (the period in 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 still fresh and the eyewitness memories are still vivid. If you miss the deadline your claim will be rejected.
Our skilled injury lawyers have successfully handled many cases involving defective products and are able to assist you as well. Contact us to set up a free consultation when you are ready to talk about your case with our attorneys.