How Injury Lawyers Can Help
Serious injuries can cause thousands, or millions in medical bills, lost income, and a diminished quality of life. Injury lawyers can help victims through the complicated legal processes, confusing medical terms, and piles of paperwork.
They can also manage communications with insurance adjusters, write interrogatories and depositions, as well as provide expert witness testimony. They can also defend their clients from personal injury lawsuits filed by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a form of personal injury in which a doctor or hospital fails to meet the standards of treatment for their patient. This can result in serious injury or even death. Medical malpractice injuries are often complex and require the use of a lawyer for a long time. Our lawyers have experience in these kinds of 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 competent to treat patients. Even the most well-trained doctors can make mistakes that can lead to serious injuries or even death to their patients. These errors can be anything from prescribing a wrong medication to putting an object into the body of a patient after surgery.
In most states there are four elements which must be proven in order to prevail in a medical negligence claim. This involves the existence of an obligation of care from your healthcare provider; a breach of that duty through an inability to follow medical standards; a causal link between the breach and your injuries; and the amount of damages resulting from the injury. Your lawyer will use various resources including expert witnesses to prove your case.
Your lawyer for injury will go through your medical documents and hospital records in order to determine if the injury you sustained was caused by a medical professional's negligence. They will then work closely with medical professionals to determine the source of your injury and link it to the physician's action. It is essential to do this since the attorney representing the defendant will try and claim that your injuries are pre-existing or a result of an underlying medical condition.
New York laws are geared more towards protecting doctors and hospitals as opposed to injured patients. This makes it difficult to bring these cases to trial. Acting quickly is important because there is a very short statute of limitation for the filing of a medical malpractice lawsuit. If you believe that you or a loved one might be the victim of medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
Car accidents can result from a range of causes, from speeding highway driving to bumper-to-bumper traffic and pedestrians crossing the roadway. Each factor could affect the injuries suffered by the victims of an accident. This is why it is crucial for an injury lawyer to be familiar with the specifics of automobile accidents. Knowing this information can help to determine who is responsible and evaluate property damage. It can also help evaluate the severity of any mental or physical injuries.
Additionally, a knowledgeable lawyer for car accidents can also represent you when dealing with insurance companies or defendants. They will ensure that you do not receive low-ball offers and will ensure that you receive compensation for your losses. This is crucial since many people who suffer injuries take the first offer of compensation simply out of convenience, or because they believe that it will satisfy 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, he or she can tell you if you are entitled to additional compensation under New York's pure comparative law.
Even if you're covered by insurance, it's best to speak with an experienced New York City auto accident attorney as soon possible. A lawyer 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 often secure a greater amount than you would have been capable of obtaining on your own.
It is also important to keep track of all your medical treatment and expenses and any loss of income or property damage. This will increase your odds of success and help you establish your case. Additionally, it's important to have an expert witness who can prove that your injuries were a direct result of the crash, and not something that happened prior to or after.
Premises Liability
Premises liability cases involve injuries that occur on the property of another. These accidents are typically caused by the negligence of the property owner. This could include unsafe or unsafe conditions, such as elevators that have failed or swimming pool accidents as well as toxic fumes which are not adequately warned of. A lack of safety or security equipment, like fire alarms, may be deemed negligent.
To file a successful claim, victims must show that the property owner was under a duty to keep their premises safe and that they violated this duty. For instance, if a painter is hired to work on a ceiling and falls due to a cracked tile, the property owner 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 ensure that their property is in a safe state and is determined by state case precedents. Certain of these guidelines are also set by city ordinances and building regulations. The duty of the property owner is based on the purpose of the visitor as well as his status.
A person who is staying in an establishment on business is categorized as an invited guest. This means the hotel is accountable for providing a safe environment for guests, however the responsibility for care is not as broad as the one owed to trespassers.
In any accident that is a result of a dangerous property condition the victim must take reasonable care to ensure his or her safety. If the victim was considered to be partially at fault for the incident, then the amount of compensation will be reduced according to the percentage of blame.
Ask about the experience of the lawyer in handling premises liability cases, and if they have been successful in getting compensation for their clients. You should also inquire about the lawyer's knowledge of local laws and procedures that are applicable to your particular case. It is crucial to select an attorney who has a proven track record, particularly when dealing with claims that involve complex issues and large payouts.
Product Liability
Product liability laws define the manner in which victims of defective products can receive compensation for their injuries. Generally, anyone who was injured by a faulty or dangerous product can sue the manufacturer and others involved in its production and distribution or sale. This includes the distributors, wholesalers and retailers who sold the product. In some states, people who repair or replace products could also be held accountable under certain conditions.
Lawyers who specialize in injury know 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 primary purpose of a compensation claim is to get you enough funds to get you back to the financial position you were in prior to the accident. YouTube means that you will be able to cover all your expenses including loss of earnings, damaged property, physical impairments, medical bills loss of enjoyment life, emotional distress, and loss of consortium.
In most product liability cases the lawyer must show that the defective product was in existence at the time it left the defendant's control or possession. This could be by showing that the product was defective in its design, manufacture, or warning label. Your lawyer may be required to dispel any notion that the problem was by handling errors or damage.
It is also important to keep in mind that statutes of limitations (the period in which you can file suit) apply to cases involving product liability. This law is designed to allow claimants to pursue their case while the evidence and eyewitness memory are fresh. If you fail to meet the deadline, your claim will be rejected by the court.
Our experienced injury lawyers have successfully resolved many defective product cases and are able to assist you well. Contact us today to schedule an appointment for a free consultation if you are ready to talk about your case with our lawyers.