What's The Most Common Personal Injury Compensation Claims Debate Doesn't Have To Be As Black And White As You Think
How injury and accident lawyer Can Help
Serious injuries can cost thousands - even millions of dollars in medical expenses, lost wages and diminished quality of life. Injury lawyers can help victims navigate the complex legal process and confusing medical terminology and a mountain of paperwork.
They can handle communication with injury claims adjusters, draft depositions and interrogatories, and provide expert testimony. They also assist clients from personal injury lawsuits brought by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a form of personal injury in which the hospital or doctor fails to provide the required treatment for their patient. This can result in serious injury or even death. Medical malpractice cases can be complicated, requiring extensive legal work. Our lawyers are experienced in these types of cases and will fight to get you the compensation you deserve.
Doctors must receive specific training to be able to treat patients. However, even the most well-trained doctors are susceptible to errors which can result in serious injuries or even death for a patient. These mistakes can range from prescribing wrong medication to creating a foreign body inside the body of the patient after surgery.
In most states, there are four elements that must be proved to be successful in a medical malpractice claim. There must be a legal obligation of your healthcare provider to provide you with the highest possible care. This obligation must be breached by failing to adhere to medical standards. Your lawyer will use numerous resources, including expert witnesses to help to prove your case.
Your lawyer for injury will go through all medical documents and hospital records to determine if the injury you sustained was caused by the medical professional's negligence. Then, they will collaborate with medical experts to establish the cause of your injuries and link 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 laws are geared more toward protecting hospitals and doctors as opposed to injured patients. This makes it difficult to bring these claims to trial. Acting quickly is important due to the extremely limited time frame for filing a medical malpractice case. If you believe that you or someone you love may have been victimized by medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A variety 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 factor has the potential to impact the injuries suffered by victims of accidents. As a result, it is essential for an injury lawyer to be familiar with the specifics of auto accidents. Having this knowledge can help to determine who is to blame, evaluate property damage and evaluate the severity of any physical or mental injuries.
An attorney for car accidents who is experienced can represent you in dealing with insurance companies and defendants. They will ensure that you don't receive low-ball offers, and will make sure you receive compensation for your losses. This is crucial because many injured people accept the first compensation offer because of convenience or because they think it will meet their needs.
If your injuries are at a level New York State deems to be "serious," then you might qualify for additional compensation that is higher than what the insurance company is providing. If your injury lawyer is familiar with the threshold they'll be able to provide you with advice on whether or not you are entitled to more under the state's strict comparative negligence law.
Even if you have insurance it is advisable to speak with a seasoned New York City car accident attorney as soon as possible. An attorney will handle the paperwork and deadlines, so you can focus on your recovery. They will also be able to negotiate with the insurance company on your behalf and can often negotiate a better settlement than you would have been capable of obtaining on your own.
Document all medical expenses and treatments, as well any income loss or property damage. This will aid in proving your case and increase your chances of a successful outcome. It is also helpful to have a witness who can confirm that your injuries were the direct result of the accident and not something that occurred prior to or after.
Premises Liability
Premises liability cases involve injuries that occur on another person's property. These incidents are usually caused by negligence or a lack of care by the property owner. This can include unsafe or unsafe conditions, like elevators that have broken down or swimming pool accidents as well as toxic fumes that have not been adequately warned of. In addition, a deficiency of safety or security 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 obligation to keep 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 from a damaged tile, the property owner could be held accountable for the injuries. Other instances of negligence in maintenance could include:
State case precedents determine the extent to which property owners are required to maintain their properties in a safe and secure condition. Some of these guidelines can also be found in city ordinances and construction regulations. The exact duty of property owners varies according to the status of the visitor and reason to visit the premises.
For instance, a person who is at a hotel for business purposes is usually classified as an invitee. This means the hotel is accountable for providing a safe and secure environment for guests, but the responsibility for care is not as broad as that owed to trespassers.
In any accident involving an unsafe property condition the victim is required to take reasonable precautions for his or her own safety. If the victim is considered to be partially responsible for the incident the amount of compensation will be decreased according to the percentage of blame.
Ask about the expertise of the lawyer handling premises liability cases and if they have had success in obtaining compensation for their clients. You should also inquire about the attorney's knowledge of local laws and procedures that will apply to your case. It is essential to select an attorney who has a proven track record, especially when dealing with claims that involve complicated issues and large payouts.
Product Liability
Product liability laws define when and how victims of defective products can receive compensation for their injuries. Generally speaking, anyone who is injured by a faulty or dangerous item can file a lawsuit against the manufacturer and others involved in its manufacture distribution, sale, or production. Wholesalers, distributors and retailers who sold the item are included in this. In certain states, those who repair or rebuild the products may also be liable under certain conditions.
Injury lawyers are familiar with the laws that govern these cases and will help to ensure that your claims for compensation are legitimate. In addition, a qualified attorney will know how to assess the settlement offer and could be capable of negotiating with the insurance company on your behalf. The objective of a claim for compensation is to get you enough money to bring you back to the financial position you were in prior to the accident. This includes all the expenses including lost wages, damaged property, medical expenses, physical impairments and emotional distress.
In most product liability cases lawyers must demonstrate that the defective product was in existence in the moment it left the defendant's control or possession. This could include proving that the product was defective in its design, manufacturing, or warning label. Your lawyer might need to dispel any claims that the problem was due to intermediate handling or damage.
It is also important to keep in mind that statutes of limitations (the time limit within which you are able to file suit) apply to product liability cases. This law is designed to ensure that claimants can pursue a case while the evidence and eyewitness memories are fresh. If you miss the deadline, your claim could be denied by the court.
Our experienced injury lawyers have successfully handled many cases involving defective products and are able to assist you as well. When you are ready to discuss your case with one of our lawyers, please contact us to schedule a free consultation.