How Injury Lawyers Can Help
Severe injuries can cost thousands - even millions of dollars in medical bills, lost wages and a diminished quality of life. Injury lawyers can help victims navigate the complex legal procedures as well as the confusing medical terminology and mountains of paperwork.
They can handle communication with injury claims adjusters, write interrogatories and depositions, and provide expert testimony. They can also defend their clients against personal injury lawsuits brought by insurance companies acting in bad good faith.
Medical Malpractice
Medical malpractice occurs when a doctor or hospital fails to treat their patients with the respect they should have. This can cause serious injuries or even death. Medical malpractice cases can be complex, requiring an extensive legal process. Our lawyers are experienced in these types cases and will fight for you to obtain the compensation you deserve.
Doctors must receive special training in order to treat patients. However, even the most well-trained doctors are susceptible to errors that could cause serious injury or death to a patient. These errors can be anything from prescribing a wrong medication to putting an object into the body of a patient after surgery.
In the majority of states there are four factors that must be proven to prevail in a medical negligence claim. Indianapolis injury lawsuit involves the existence of an obligation of care from your healthcare provider; breach of that duty by a failure to adhere to medical standards; a causal relationship between the breach and the injuries; and a sum of damages resulting from the injury. Your lawyer will use a variety of sources, including expert witnesses, to establish your case.
Your injury lawyer will review your medical and hospital records to determine if you sustained an injury as a result of the negligence of a medical professional. They will then work closely with medical professionals to determine the source of your injury and connect it to the actions of the doctor. It is crucial to do this as the attorney representing the defendant will try and claim that your injuries were pre-existing or a result of an underlying medical condition.
New York laws are geared more toward protecting hospitals and doctors rather than injured patients. This makes it difficult to bring these claims to trial. There is also a brief statute of limitations to file a medical malpractice claim and it's crucial to act swiftly. Contact a New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you know might have been the victim of medical negligence.
Auto Accidents
Car accidents can be caused by a wide variety of factors, ranging from the speed of highway driving to bumper-to-bumper traffic and pedestrians who cross the road. Each of these factors could impact the injuries suffered by the victims of an accident. As a result, it is important for an injury lawyer to be acquainted with the particulars of automobile accidents. This information can be used to evaluate property damage, determine fault, and evaluate the severity or any mental or physical injuries.
A lawyer for car accidents who has experience can also represent you in dealing with insurance companies and defendants. They will make sure that you do not get presented with lowball offers and that you are compensated for all losses. This is particularly important because many injured individuals simply take the first offer because of convenience or because they think that the compensation is likely sufficient to meet their needs.
If you have suffered injuries that New York State considers "serious," you may be entitled to additional compensation. This is in addition to the amount the insurance company will pay. If your lawyer is knowledgeable about this threshold, he or she will be able tell you if you're entitled to additional compensation under New York's pure comparative law.
Even if you're covered by insurance, it's best to consult an experienced New York City auto accident attorney as soon as you can. A lawyer 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 can often negotiate a better settlement than you could have gotten on your own.
Keep track of all medical expenses and treatments, as well any income loss or property damages. This will increase your odds of success and help you prove your case. Additionally, it is helpful to have an expert witness who can attest that your injuries were a direct result of the crash, and not something that happened prior to or after.
Premises Liability
Premises liability cases result in injuries that occur on the property of a third party. These accidents are generally caused by negligence or lack of care on the part of the property owner. This could include unsafe or defective conditions such as broken elevators or swimming pool accidents and toxic fumes not properly warned of. Additionally, a lack of safety or security equipment like fire alarms could be deemed negligent.
In order to file a successful claim against the property owner, the victims must prove that they violated their duty to keep the property in a safe state. For instance, if the painter was employed to paint a ceiling and fell through a cracked tile the owner of the property could be held accountable. Other examples of negligent maintenance include:
The law determines the extent to which property owners must maintain their property in a safe state and is determined by state case precedents. Some of these guidelines can also be found in the city's ordinances and construction regulations. The exact responsibilities of the property owner is dependent on the status of the visitor and the reason to visit the premises.
For instance, a guest who is at a hotel for business purposes is usually categorized as an invitee. This means that the hotel needs to offer a safe and secure environment for guests, however it's not as broad as the duty of care that is owed to those who trespass.
In any accident that is a result of an unsafe property condition, the victim should exercise reasonable care to ensure his or her safety. If the victim was considered to be partially responsible for the incident, then the amount of compensation is decreased according to the percentage of responsibility.
When choosing an injury lawyer, ask about their experience handling premises liability cases and whether or not they've won compensation for their clients. Also, inquire whether the lawyer is knowledgeable of local laws and procedures that apply to your case. It is essential to select an attorney with a successful track record, especially when dealing with claims that have complicated issues and huge payouts.
Product Liability
The laws governing product liability determine when and how victims of defective products are entitled to compensation for their injuries. Anyone who has suffered injury as a result of an unsafe or defective product may file a suit against the manufacturer as well as distributors and retailers involved in its production. This includes the distributors, wholesalers, and retailers who sold the product. In certain states, those who repair or rebuild products could be held accountable in certain circumstances.
Lawyers who specialize in injury know the rules that govern these cases and can ensure that your compensation claims are valid. An experienced attorney can also negotiate on your behalf with the insurance company. The primary purpose of any compensation claim is to give you enough funds to put you back in the same financial situation that you were in prior to the accident took place. This includes all the expenses, including lost wages, destroyed property, medical costs, physical impairments and emotional distress.
In the majority of product liability cases lawyers will need to demonstrate that the defective product was present in some way when it left the possession or control of the defendant. It is possible to prove that the item had defects due to its design or manufacturing process, or even a warning label. Your lawyer may also have to disprove any notion that the defect was caused by intermediate handling or a deterioration.
Also, it is important to keep in mind that 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 a case while the evidence and eyewitness memory are fresh. If you miss the deadline, your case will be rejected by the court.
Our injury lawyers have handled a variety of defective product cases successfully and can help you too. When you are ready to discuss your situation with one of our attorneys Contact us for a free consultation.