How Injury Lawyers Can Help
Severe injuries can cost thousands - even millions - in medical bills, lost wages and a diminished quality of life. Injury lawyers can help victims through the complex legal process, confusing medical terms, and a mountain of paperwork.
They are able to handle communications with injury claims adjusters, write depositions and interrogatories, and give expert testimony. They also can defend their clients from personal injury lawsuits filed by insurance companies that act in bad good faith.
Medical Malpractice
Medical malpractice occurs the case when a medical professional or hospital does not treat their patient with the care they should have. This could result in serious injuries and even death. Injuries from medical malpractice can be complicated and require a lot of legal work. Our lawyers have experience handling these kinds of cases and will fight for you to get the compensation you deserve.
Doctors must undergo specific training to be able to treat patients. Even the most well-trained doctors can make mistakes that can lead to serious injuries or even death for their patients. These mistakes can range from prescribing the wrong drug to leaving an object in a patient's body following surgery.
In the majority of states there are four elements that must be proven in order to win a claim for medical malpractice. There must be a duty of your healthcare provider to provide you with the highest possible treatment. This obligation must be violated by failing to follow medical standards. Your lawyer will employ a variety of resources including expert witnesses to help to prove your case.
Your injury lawyer will review your hospital and medical records to determine whether you suffered an injury as a result of the negligence of a medical professional. They will then collaborate with medical professionals to determine the cause of your injury and link it to the physician's action. It is crucial to do this because the defendant's attorney will argue that your injuries were caused by pre-existing conditions or the result of an underlying medical condition.
New York state laws tend to protect hospitals and doctors over injured patients, and these types of claims are usually very difficult to present to trial. There is also a short statute of limitations to file a medical malpractice claim, so it's important to act swiftly. If you suspect you or a loved one may be the victim of medical malpractice, speak to 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 pedestrians or traffic crossing the street. Each factor can have an impact on the injuries victims of accidents suffer. This is why it is important for an injury lawyer to be acquainted with the specifics of auto accidents. This knowledge can be used to determine property damage as well as to determine fault and evaluate the severity of any physical or mental injuries.
Additionally, a seasoned car accident attorney can represent you when dealing with defendants or insurance companies. They will make sure that you do not get presented with low-cost deals and that you receive compensation for all losses. This is important because many people who are injured take the first offer of compensation because of convenience or because they believe that it will cover their needs.
If your injuries are at a level that New York State deems to be "serious," then you might qualify for additional compensation beyond what the insurance company is providing. If your lawyer is familiar with this threshold, he or she will be able to tell you if you're entitled to additional compensation under New York's pure comparative law.
Even if you are insured, it is a good idea to speak with a seasoned New York City car accident attorney as soon as possible. An attorney can handle the paperwork and deadlines so you can concentrate on your recovery. They can also negotiate with the insurance company on your behalf and usually get you an offer that is better than what you could have obtained on your own.
Record all medical expenses and treatments, along with any losses in income or property damages. This will increase your odds of success and help you prove your case. Additionally, it's helpful to have an expert witness who can prove that your injury was directly caused by the accident and not due to something that happened before or after.
Premises Liability
Premises liability cases result in injuries that occur on another person's property. These incidents are usually caused by negligence or a lack of care by the property owner. This can be due to unsafe or unsafe conditions, such as elevators that are malfunctioning, swimming pool accidents and toxic fumes that have not been properly warned about. In addition, a lack of safety or security equipment such as fire alarms can be considered negligent.
In order to make a claim that is successful against the property owner, victims must prove that they acted in violation of their duty to maintain the property in a safe condition. If, for instance, a painter was hired to paint a ceiling and fell from a cracked tile the owner of the property could be held responsible. Other instances of negligent maintenance include:
The law defines the extent to which a property owner must keep their property in a safe and secure condition, and this is defined by state case precedents. A few of these guidelines can be found in the city's ordinances and regulations. The obligation of the property owner is contingent on the purpose of the visitor and his status.
A person who is staying in the hotel on business is categorized as an invited guest. This means that the hotel must provide a safe space for guests, however it's not as broad as the duty of care that is owed to trespassers.
In any accident that involves dangerous property conditions, 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, the amount of compensation awarded will be reduced based on his or her percentage.
When choosing an injury lawyer, ask about their experience in handling premises liability cases, and whether or not they've won compensation for clients. You Tube should also inquire about their knowledge of local laws and procedures applicable to your case. It is essential to select an attorney with a successful track record, especially when dealing with claims that involve complex issues and large payouts.
Product Liability
The laws on product liability specify the manner in which victims can be compensated for injuries caused by defective products. Anyone who has suffered injury as a result of a dangerous or defective product may file a lawsuit against the manufacturer, distributors, and retailers involved in its production. Distributors, wholesalers, and retailers who sold the product are also covered in this. In some states where repair or rebuild products could be held liable in certain situations.
Injury lawyers know the rules that govern these cases and can assist in ensuring that your compensation claims are legitimate. A competent lawyer will be able to examine the settlement offer and could be in a position to negotiate with the insurance company on your behalf. The primary objective of a claim for compensation is to get you enough money to return you to the financial position you were in prior to the accident. This includes all the expenses including lost wages, damaged property, medical costs physical impairments, emotional stress.
In the majority of product liability cases the lawyer must show that the defective product was present at the time it left the defendant's control or possession. You may be able to prove that the item had an issue due to its design or manufacturing process, or a warning label. Your lawyer may also have to negate any inference that the defect was caused by improper handling or damage.
Also, it is important to remember that the statutes of limitations (the time limit within which you are able to 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 still fresh. If you fail to meet the deadline, your case will be denied by the court.
Our lawyers for injury have handled many defective product cases successfully and are able to help you too. Contact us today to schedule a free consultation when you are ready to discuss your case with our attorneys.
