How Injury Lawyers Can Help
Serious injuries can cost thousands, or even millions of dollars in medical expenses, lost income and reduced quality-of-life. Injury lawyers can help victims navigate the complex legal processes and confusing medical terminology and mountains of paperwork.
They are able to handle communications with injury claims adjusters, write depositions and interrogatories, as well as give expert testimony. You Tube assist clients against personal injury lawsuits brought by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice is when a doctor or hospital fails to treat their patients with the respect they should have. This can cause serious injury or even death. Medical malpractice-related injuries are often complex and require extensive legal work. Our lawyers have experience in these types cases and will fight to obtain the compensation you deserve.
Doctors undergo specialized training and meet the requirements for licensure to ensure that they are qualified to care for patients. However even the most experienced doctors can make mistakes which can result in serious injuries or even death for patients. These mistakes could range from prescribing the incorrect medication or creating a foreign body inside the body of a patient following surgery.
In the majority of states, there are four elements which must be proven in order to win a medical malpractice claim. There must be a duty of your healthcare provider to provide you with the best possible care. This duty cannot be violated when a healthcare provider fails to follow medical standards. Your lawyer will employ numerous resources, including expert witnesses to establish your case.
Your lawyer for injury will examine your medical records and hospital records in order to determine if the injury you sustained was caused by the medical professional's negligence. They will then work closely with medical experts to establish the cause of your injuries and connect them to the actions of the doctor. It is important to do this because the attorney representing the defendant will attempt to claim that your injuries were caused by pre-existing conditions or a 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 often very challenging to present to trial. There is also a brief time limit to make a claim for medical malpractice which is why it's imperative to act swiftly. If you suspect you or a loved one might be victimized by 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 that range from speeding on the highway to bumper-to-bumper traffic or pedestrians crossing the street. Each factor could cause injuries to the victims of an accident. It is therefore essential that an injury lawyer be familiar with the details of automobile accidents. Having this knowledge can help to determine who is to blame as well as evaluate the damage to property and determine the severity of any mental or physical injuries.
An attorney for car accidents who has experience can also be your advocate in dealing with defendants and insurance companies. They will make sure that you are not presented with low-cost deals and that you receive compensation for all losses. This is crucial since many people who are injured take the first offer of compensation just for convenience or because they believe it will meet their needs.
If you've been the victim of an injury 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 lawyer is knowledgeable about this threshold, he or she will be able tell whether you are entitled to additional compensation under the state's pure comparative law.
Even if you are insured it's best to consult an experienced New York City auto accident attorney as soon possible. A lawyer can handle all the paperwork and deadlines so that you can concentrate on healing. They can also negotiate with the insurance company on your behalf, and can often negotiate a better settlement than you could have obtained on your own.
It is also essential to keep track of all your medical expenses and treatments and any lost income or property damage. This will increase your chances of success and allow you to establish your case. It is also beneficial to be able to have a witness confirm that your injuries were the direct result of the accident and not something that happened before or after.
Premises Liability
Premises liability cases result in injuries that occur on another person's property. These accidents are usually caused by negligence on the part the property owner. This can be due to unsafe or defective conditions, such as elevators that are malfunctioning or swimming pool accidents, as well as toxic fumes that are not properly warned. A lack of safety or security equipment, like fire alarms, can be deemed to be negligent.
To bring a successful lawsuit against the property owner, the victims must prove that they acted in violation of their duty to maintain the property in a safe and secure condition. If, for instance, a painter was hired to paint a ceiling and fell through a cracked tile the property owner could be held accountable. Other examples of negligence in maintenance could include:
The law defines the extent to which a property owner must ensure that their property is in a safe state and this is governed by state case precedents. Certain of these guidelines are set by city ordinances and building regulations. The exact duty of the property owner is dependent on the status of the visitor and reason of visiting the property.
For example, a guest who is in a hotel for business purposes is typically categorized as an invitee. This means that the hotel must offer a safe and secure environment for guests, however it is not as broad as the duty of care owed to the trespassers.
In any accident that involves a dangerous property condition the victim must exercise reasonable care to ensure his or her safety. If he or she was considered to be partially responsible for the incident, the amount of compensation is reduced based on the percentage of blame.
Ask about the expertise of the lawyer handling premises liability cases and whether they have been successful in obtaining compensation for their clients. You can also ask about the lawyer's knowledge of local laws and procedures that apply to your situation. It is important to choose an attorney who has an established an established track record of success, especially with claims involving complicated issues and huge payouts.
Product Liability
The laws governing product liability define the manner in which victims can be compensated for injuries caused by defective products. In general, anyone who has been injured by a faulty or dangerous item can sue the manufacturer and other parties involved in its manufacture and distribution or sale. Wholesalers, distributors and retailers who sold the product are also included in this. In certain states, those who repair or rebuild products could be held accountable in certain circumstances.
Injury lawyers know the rules that govern such cases and can help ensure 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 the accident happened. This includes covering all of your expenses, including any lost earnings, destroyed property, medical bills, physical impairments loss of enjoyment of life, emotional distress, and loss of consortium.
In the majority of cases involving product liability 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 product had a defect in its design, manufacture or warning label. Your attorney may also need to disprove any claim that the defect was caused by inadequate handling or damage.
It is important to keep in mind that the statute of limitations (the time frame within which you can file lawsuits) applies to cases involving product liability. This law is designed to allow claimants to pursue a case while the evidence and eyewitness memory are fresh. If you do not meet the deadline, your claim will be denied by the court.
Our skilled injury lawyers have successfully resolved many defective product cases and are able to assist you well. If you're ready discuss your matter with one of our lawyers Contact us for a free consultation.