How Injury Lawyers Can Help
Serious injuries can cause thousands, or millions, in medical bills, lost income and diminished quality of life. Injury lawyers can help victims navigate the complicated legal procedures, confusing medical terminology, and a mountain of paperwork.
They can handle communication with injury claims adjusters, prepare depositions and interrogatories, as well as give expert testimony. They can also defend clients from personal injury lawsuits brought by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice is the case when a medical professional or hospital doesn't treat a patients with the respect they are entitled to. This can lead to serious injury and even death. Medical malpractice injuries can be complex and require a lot of legal work. Our lawyers have experience in these kinds of cases and will fight to get you the compensation you deserve.
Doctors must undergo specialized training to be able to treat patients. However even the most experienced doctors can make mistakes that could cause serious injury or even death for a patient. These mistakes can range from prescribing the wrong medication to leaving an object in a patient's body following surgery.
In most states there are four factors which must be proven in order to prevail in a medical negligence claim. There must be a duty of your healthcare provider to provide you with the best possible treatment. This duty cannot be breached by failing to adhere to medical standards. Your lawyer will use a variety of resources including expert witnesses to establish your case.
Your injury lawyer will review your medical and hospital records to determine whether you suffered an injury due to the negligence of the medical professional. They will then work closely with medical experts to determine the root of your injuries and connect them to the actions of your physician. It is important to do this because the attorney representing the defendant will attempt to claim that your injuries are pre-existing or the result of an underlying condition.
New York state laws tend to favor protecting hospitals and doctors over injured patients, which is why these kinds of claims are often very challenging to try. There's also a very short time limit to file a medical malpractice claim and it's crucial to act fast. If you believe that 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 variety of factors can cause car accidents, from speeding on the highway to bumper-tobumper traffic or pedestrians crossing the street. Each of these factors can have an impact on the injuries accident victims suffer. As a result, it is essential for an injury lawyer to be acquainted with the specifics of auto accidents. This information can be used to assess property damage, determine fault, and evaluate the severity of any mental or physical injuries.
Additionally, a knowledgeable lawyer in car accidents can serve as your advocate when dealing with insurance companies or defendants. They will make sure that you are not presented with low-cost deals and that you receive compensation for all your losses. This is crucial since many injured people accept the first compensation offer because of convenience or because they think it will meet their needs.
If you've suffered an injury that New York State considers "serious," you may be entitled to additional compensation. This is in addition to the amount the insurance company offers. If your lawyer is knowledgeable about this threshold, they can tell you if you are entitled to additional compensation under New York's strict comparative law.
Even if you're covered by insurance it's a good idea for you to speak with an experienced New York City auto accident attorney as soon possible. An attorney can take care of the paperwork and deadlines, so you can concentrate on your recovery. 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.
It is also important to document all your medical expenses and treatments, as well as any losses in income or property damage. This will increase your chances of success and help you demonstrate your case. Additionally, it's helpful to have an expert witness who can prove that your injuries were directly caused by the crash and not something that occurred before or after.
Premises Liability
Injuries that occur on other's property are covered under premises liability cases. These accidents are typically caused due to negligence on the part of the owner of the property. This can include unsafe or defective conditions, such as elevators that have failed, swimming pool accidents and toxic fumes that have not been adequately warned of. In addition, a deficiency of security or safety equipment like fire alarms could be deemed negligent.
To file a successful claim against the property owner, the victims must prove that they acted in violation of their duty to maintain the property in a safe state. For example when a painter is employed to repair someone's ceiling and falls from a cracked tile, the owner of the property could be held responsible for the injuries. Other examples of negligent maintenance could include:
The law defines the extent to which a property owner must maintain their property in a safe and secure condition, and this is defined by the state's case precedents. Certain of these guidelines are also set by city ordinances and building regulations. The obligation of the property owner depends on the purpose of the visitor as well as his status.
A guest in a hotel for business is considered an invited guest. This means that the hotel is responsible to provide a safe environment for guests, but the responsibility for care is not as broad as that owed to criminals.
In any incident that involves the property in danger the victim is required to exercise reasonable care to ensure his or her safety. If the victim is found 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 whether they have succeeded in getting compensation for their clients. You can also ask about the attorney's knowledge of local laws and procedures that apply to your case. It's crucial to choose an attorney with a successful track record, particularly when dealing with claims that require complex issues and large payouts.
Product Liability
The laws on product liability specify when and how victims can be compensated for injuries caused by defective products. Anyone who has been injured by an unsafe or defective product may file a suit against the manufacturer, distributors, and retailers involved in its manufacture. Distributors, wholesalers, and retailers who sold the product are also included in this. In some states the people who repair or rebuild products may be held accountable in certain circumstances.
Injury lawyers are aware of the rules that govern these cases and can ensure that your compensation claims are valid. An experienced lawyer can also negotiate on your behalf with the insurance company. The primary goal of a compensation claim is to obtain money to bring you back to the financial situation you were in prior to the accident. This includes all of your expenses including lost wages, destroyed property, medical costs physical impairments, and emotional stress.
In the majority of 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 done by proving that it had a defect in its design, manufacture or warning label. Your lawyer may be required to dispel any inferences that the defect is by improper handling or damage.
It is also important to remember that the statutes of limitations (the period in which you can file suit) apply to product liability cases. This law is designed to ensure that claimants can pursue their case while the evidence and eyewitness memories are still fresh. If Gary injury lawsuits fail to meet the deadline, your case will be denied by the court.
Our skilled injury lawyers have successfully dealt with many cases involving defective products and are able to assist you as well. Contact us for a an appointment for a free consultation if you are ready to discuss your case with our lawyers.