How Injury Lawyers Can Help
Injuries that are severe can cost thousands - even millions of dollars in medical bills, lost wages and reduced quality of life. Injury lawyers can help victims through the complicated legal processes, confusing medical terms, and mounds of paperwork involved.
They can manage communication with injury claims adjusters, prepare depositions and interrogatories, as well as provide expert testimony. They also can defend their clients against personal injury lawsuits filed by insurance companies acting in bad good faith.
Medical Malpractice
Medical malpractice is the case when a medical professional or hospital fails to treat their patients with the respect they are entitled to. This could result in serious injury and even death. Medical malpractice cases can be complicated, requiring the use of a lawyer for a long time. Our lawyers are skilled in these cases and will fight to get you the compensation you're entitled to.
Doctors receive special training and must meet licensing requirements to ensure they are qualified to care for patients. However even the most experienced doctors are susceptible to errors that could cause serious injury or even death for patients. These errors can be anything from prescribing the wrong drug to putting an object inside the body of a patient following surgery.
In most states there are four factors which must be proven in order to win a medical malpractice claim. This includes the existence of a duty of care by your healthcare provider; a breach of the duty due to an inability to follow medical standards; a causal relationship between the breach and the injuries; and the amount of damages that flow from the injury. Your lawyer will use various sources, including expert witnesses, to 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. Manchester injury lawyers will then collaborate with medical professionals to determine the cause of your injury and link it to the doctor's actions. It is essential to do this as the lawyer representing the defendant could attempt to claim that your injuries were pre-existing, or the result of an underlying condition.
New York laws are geared more towards protecting doctors and hospitals rather than injured patients. This makes it difficult to bring these claims to trial. There's also a very short period of time to bring a medical malpractice lawsuit and it's crucial to act quickly. If you suspect that you or a loved one may have been victimized by medical malpractice, you should contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A wide range 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 can impact the injuries accident victims suffer. It is therefore essential that a lawyer for injury be aware of the specifics of car accidents. This knowledge can assist to determine who is at fault as well as evaluate the damage to property and assess the extent of any mental or physical injuries.
An attorney for car accidents with experience can serve as your advocate when dealing with insurance companies and defendants. They will make sure that you do not get presented with low-cost offers and ensure that you receive compensation for all 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 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 strict comparative law.
Even if you are insured it is recommended to talk to an experienced New York City car accident attorney as soon as you can. A lawyer can take care of the paperwork and deadlines, so you can concentrate on your recovery. They can also negotiate with the insurance company on your behalf, and often get you a better settlement than you could have gotten on your own.
Record all medical expenses and treatments, as well any income loss or property damages. This will increase your chances of success and help you demonstrate your case. It is also beneficial to have an expert witness who can attest that your injuries were directly caused by the crash, and not something that occurred before or after.
Premises Liability
Injuries that happen on someone other's property are covered under premises liability cases. These accidents are usually caused due to negligence on the part of the owner of the property. This could include unsafe or defective conditions, such as elevators that are malfunctioning, swimming pool accidents and toxic fumes that have not been properly warned about. A lack of safety or security equipment, such as fire alarms, could also be deemed to be negligent.
In order to file a successful claim against the property owner, victims must prove that they acted in violation of their obligation to keep the premises in a safe and secure condition. If, for instance, an employee was hired to paint a ceiling and fell from a cracked tile the property owner may be held responsible. Other instances of negligence in maintenance might include:
The law determines the extent to which property owners must ensure that their property is in a safe condition, and this is defined by the state's case precedents. Certain of these guidelines are set by city ordinances and building regulations. The responsibility of the property owner is contingent on the purpose of the visitor as well as his status.
For instance, a person who is at an establishment for business reasons is usually categorized as an invitee. This means the hotel is accountable for providing a safe environment for guests, but the duty of care isn't as broad as that owed to criminals.
In any accident that is a result of dangerous property conditions, the victim must take reasonable care to ensure their safety. If, however, he is found to be partially at fault for the accident, recovery will be reduced by his or her percentage of negligence.
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 will apply to your case. It is crucial to select an attorney with an established track record of success, particularly with claims involving complex issues and large payouts.
Product Liability
Product liability laws define the time and manner in which those who suffer from defective products can receive compensation for their injuries. Anyone who has been injured by a dangerous or defective product may file a suit against the manufacturer as well as distributors and retailers involved in its manufacture. This includes distributors, wholesalers and retailers who sold the product. In certain states, those who repair or replace products may also be liable under certain conditions.
Lawyers who specialize in injury are aware of the laws that govern these cases. They will help ensure that your claims for compensation are valid. A competent lawyer will be able to examine a settlement offer and may be in a position to negotiate with the insurance company on your behalf. The main goal of any compensation claim is to give you enough funds to put you back in the same financial position that you were in prior the accident happened. This includes covering all of your expenses including lost earnings, destroyed property physical impairments, medical bills, loss of enjoyment of life, emotional distress, and loss of consortium.
In the majority of product liability cases lawyers will need to show that the defective item was present in some way after it was removed from the control or possession of the defendant. This could be done by proving that the product had a defect in its design, manufacturing, or warning label. Your attorney may need to dispel any notion that the problem was due to intermediate handling or damage.
It is also important to remember that the statutes of limitations (the time limit within which you can file a suit) apply to product liability cases. This law is designed to ensure that claimants are able to pursue their case while the evidence and eyewitness memory are still fresh. If you do not meet the deadline, your claim will be denied by the court.
Our injury lawyers have handled many defective product cases successfully, and can assist you as well. If you're ready discuss your situation with one of our lawyers, please contact us to set up a no-cost consultation.