How Injury Lawyers Can Help
Injuries that are severe can cost thousands - even millions in medical expenses, lost wages and diminished quality of life. Injury lawyers can guide victims through the complex legal procedures as well as the confusing medical terms and piles of paperwork.
They can handle communication with injury claims adjusters, draft interrogatories and depositions, and provide expert testimony. They can also defend their clients against personal injury lawsuits filed by insurance companies acting in bad good faith.
Medical Malpractice
Medical malpractice is a type of personal injury where hospitals or doctors fail to meet the standards of care in treating their patient. This can result in serious injuries or even death. Medical malpractice injuries are often complex and require extensive legal work. Our lawyers are experienced in these kinds of cases and will fight for you to get the compensation you deserve.
Doctors must receive specialized training to be able to treat patients. Even the most trained doctors can make mistakes that can result in serious injuries or even death for their patients. These errors could range from prescribing the wrong medication to putting an object inside a patient's body following surgery.
In the majority of states there are four factors which must be proven in order to prevail in a medical negligence claim. This involves the existence of the duty of care owed by your healthcare provider; a breach of that duty through the failure to follow medical standards; a causal connection between the breach and the injuries; and the amount of the damages resulting from the injury. Your lawyer will use various sources, including expert witnesses to help to prove your case.
Your lawyer for injury will go over your medical and hospital records to determine if you suffered an injury as a result of the medical professional's negligence. They will then collaborate with medical professionals to determine the cause of your injury and link it to the actions of the doctor. This is vital because defendants' attorneys will attempt 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 state laws tend to favor protecting doctors and hospitals rather than injured patients, and these kinds of claims are often difficult to try. Acting quickly is important because there is a very short statute of limitation for filing a medical malpractice case. Contact a New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you know may have been a victim of medical negligence.
Auto Accidents
A variety of causes can result in car accidents including speeding on the highway to bumper-to-bumper pedestrians or traffic crossing the street. Each factor has the potential to cause injuries to the victims of an accident. Therefore, it is essential for an injury lawyer to be acquainted with the particulars of automobile accidents. This information can be used to evaluate the extent of damage to property, determine fault, and evaluate the severity of any mental or physical injuries.
Additionally, a seasoned lawyer in car accidents can be your advocate when dealing with defendants or insurance companies. They will make sure that you are not presented with low-cost offers and ensure that you receive compensation for all your losses. This is especially important since many injured people simply take the first offer because of convenience or because they believe that the compensation is enough to cover their expenses.
If you have suffered injuries that New York State considers "serious," you may be entitled to additional compensation. This is in addition to what the insurance company offers. If your injury lawyer is aware of the threshold and the threshold, they'll be able to guide you on whether or not you are entitled to more under the state's pure comparative negligence law.
Even if you have insurance it is recommended to speak with a seasoned New York City car accident attorney as soon as possible. An attorney can handle all the paperwork and deadlines so that you can concentrate on healing. They can also negotiate with the insurer on your behalf, and can often negotiate an offer that is better than what you could have obtained on your own.
It is also important to record all medical expenses and treatments and any losses in income or property damage. This will help to prove your case and increase the likelihood of a successful outcome. Additionally, it's beneficial to have an expert witness who can prove that your injury was directly caused by the accident and not due to something that happened prior to or after.
Premises Liability
Premises liability cases result in injuries that occur on the property of another. These accidents are typically caused by negligence or a lack of care on the part of the property owner. This could include unsafe or defective conditions, such as elevators that have failed or swimming pool accidents as well as toxic fumes which are not adequately warned of. In addition, a deficiency of security or safety equipment like fire alarms could be deemed negligent.
In order to file a successful claim against the property owner, the victims must prove that they acted in violation of their obligation to keep the property in a safe and secure condition. For instance, if a painter is employed to repair someone's ceiling and falls from cracks in the tile, the property owner may be held liable for the injuries. Other instances of negligent maintenance could include:
State case precedents determine the extent to which property owners are required to keep their properties in a safe state. Some of these guidelines are also set by city ordinances and building regulations. The responsibility of the property owner is contingent on the purpose of the visitor and his status.
For example, a guest who is in a hotel for business purposes is usually categorized as an invitee. This means the hotel is responsible for providing a safe and secure environment for guests, but the duty of care isn't as wide as that owed to criminals.
In any accident that is a result of dangerous property conditions, the victim must exercise reasonable care to ensure his or her safety. If he or they are found to be partly at fault for the accident the amount of compensation will be reduced by the percentage of negligence.
When choosing an injury lawyer, inquire about their experience with premises liability cases and whether or not they've been awarded compensation for their clients. Also, inquire about the lawyer's knowledge of local laws and procedures applicable to your case. It is essential to select an attorney with a successful track record, particularly when dealing with claims that have complicated issues and large payouts.
Product Liability
Product liability laws determine the time and manner in which those who suffer from defective products are entitled to compensation for their injuries. Anyone who has suffered injury as a result of an unsafe or defective product can file a suit against the manufacturer, distributors, and retailers involved in its manufacture. This includes wholesalers, distributors, and retailers who sold the product. In some states the people who repair or rebuild products could be held liable in certain circumstances.
Injury lawyers are aware of the rules that govern these cases and can ensure that your compensation claims are valid. A qualified attorney can also negotiate on your behalf with the insurance company. The purpose of any compensation claim is to provide you with enough funds to put you back in the same financial situation that you were in before the accident occurred. This includes covering all your expenses, including any lost earnings, property damage, medical bills, physical impairments loss of enjoyment of life, emotional stress, and loss of consortium.
In most product liability cases, your lawyer must prove that the defective product was in existence at the time it left the defendant's possession or control. This could be by showing that it had a defect in its design, manufacturing or warning label. Your lawyer might also have to disprove any notion that the defect was caused by improper handling or damage.
It is important to keep in mind that the statute of limitations (the time frame within the time you can file lawsuits) is applicable to product liability cases. This law is designed to ensure that claimants can pursue a case while the evidence and eyewitness memory are fresh. If accident injury lawyers fail to meet the deadline, your claim will be rejected.
Our experienced injury lawyers have successfully handled many defective product cases and are able to assist you well. Contact us today to schedule an initial consultation for free when you are ready to talk about your case with our lawyers.