How Injury Lawyers Can Help
Serious injuries can cost thousands, or even millions of dollars in medical expenses, lost income and reduced quality-of-life. Injury lawyers can help victims through the complexities of legal process as well as the confusing medical terms and piles of paperwork.
They can handle communication with injury claims adjusters, prepare interrogatories and depositions, and give expert testimony. They also can defend their clients from personal injury lawsuits filed by insurance companies who act in bad faith.
Medical Malpractice
Medical malpractice is a kind of personal injury in which the hospital or doctor fails to meet the standard of care when treating their patient. This can lead to serious injury or even death. Medical malpractice injuries can be complicated, requiring extensive legal work. Our lawyers are skilled in these cases and will fight to get you the compensation you deserve.
Doctors need to undergo specific training to be able to treat patients. Even the most trained doctors are capable of making mistakes that can lead to serious injury or even death to their patients. These errors can range from prescribing wrong medication or leaving a foreign object in the patient's body after surgery.
In most states, four elements must be proven in order to prevail in a lawsuit for medical malpractice. This includes the existence of an obligation of care from your healthcare provider; a breach of the duty due to the failure to follow medical standards; a causal link between the breach and your injuries; and a sum of damages resulting from the injury. Your lawyer will use various resources including expert witnesses to prove your case.
Your lawyer for injury will examine your medical records and hospital records to determine whether the injury you suffered was caused by a medical professional's negligence. They will then work closely with medical experts to determine the cause of your injuries and link them to the actions of the doctor. This is crucial since lawyers representing the defendants will attempt to argue that your injuries are caused by pre-existing conditions or result from a different factor, such as an underlying health issue.
New York state laws tend to favor protecting hospitals and doctors more than injured patients, which is why these kinds of claims are usually very difficult to present to trial. It is crucial to act quickly since there is a short time limit for filing a medical malpractice case. If you suspect you or a loved one might have been victimized by 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 traffic or pedestrians crossing the street. Every factor can have an impact on the injuries victims of accidents suffer. Therefore, it is essential that a lawyer for injury be aware of the specifics of automobile accidents. This knowledge can assist to determine who is at fault and evaluate property damage. It can also help assess the extent of any physical or mental injuries.
A lawyer for car accidents with experience can be your advocate in dealing with insurance companies and defendants. They will ensure that you do not receive low-ball offers, and that you get compensation for your losses. This is particularly important because many injured individuals simply take the first offer because of convenience or because they believe that the amount of compensation will be sufficient to meet their needs.
If your injuries are at a level that New York State deems to be "serious," then you might qualify for additional compensation above and beyond what the insurance company is offering. If your lawyer is aware of this threshold, he or she will be able to tell you if you're entitled to additional compensation under New York's strict comparative law.
Even if you're covered by insurance it's best to consult a seasoned New York City auto accident attorney as soon possible. A lawyer will handle the paperwork and deadlines, so that you can concentrate on your recovery. They can also help to negotiate with the insurance company on your behalf, and will often get you a higher settlement than you would have been in a position to get on your own.
It is also essential to keep track of all your medical treatments and expenses and any loss of income or property damage. This will aid in proving your case and increase the chances of a positive outcome. It is also beneficial to have a witness affirm that your injury was directly caused by the accident and not something that happened before or after.
Premises Liability
Injuries that happen on someone other's property are covered under premises liability cases. These accidents are usually caused by the negligence of the owner of the property. This can include unsafe or defective conditions such as broken elevators, swimming pool accidents, and toxic fumes that are not adequately warned about. A lack of security or safety equipment, such as fire alarms, could also be considered negligent.
To file a successful claim the victims must prove that the property owner owed an obligation to keep their premises in safe condition and that they failed to fulfill this duty. For example, if a painter is hired to work on a ceiling and falls from cracks in the tile, the owner of the property could be held accountable for the injuries. Other examples of negligent maintenance include:
The law determines the extent to which property owners must maintain their property in a safe and secure condition and is determined by state case precedents. injury accident lawyers of these guidelines are defined by city ordinances as well as building regulations. The duty of the property owner is based on the purpose of the visitor and his status.
For example, a guest who is in an establishment for business reasons is usually classified as an invitee. This means that the hotel needs to offer a safe and secure environment for guests, however it's not as wide as the duty of care owed to those who trespass.
In any accident that involves a dangerous property condition the victim should exercise reasonable care to ensure his or her safety. If he or she was considered to be partially at fault for the incident, the amount of compensation is decreased according to the percentage of responsibility.
When choosing an injury lawyer, inquire about their experience with premises liability cases and whether or not they have won compensation for their clients. Also, inquire about the lawyer's knowledge of local laws and procedures that apply to your particular case. It is important to choose an attorney with a track record of success, especially 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 are entitled to compensation for their injuries. Anyone who has been injured due to an unsafe or defective product may file a suit against the manufacturer distributors, retailers, and others involved in its manufacture. This includes wholesalers, distributors, and retailers who sold the product. In certain states, those who repair or rebuild products can also be liable under certain circumstances.
Injury lawyers are familiar with the rules that govern these cases and will help ensure that all claims for compensation are legitimate. In addition, a experienced lawyer will be able to examine the settlement offer and could be capable of negotiating with the insurance company on your behalf. The purpose of a compensation claim is to get you enough funds to get you back to the financial situation you were in prior to the accident. This includes covering all your expenses including loss of earnings, damaged property medical bills, physical impairments loss of enjoyment of life, emotional distress, and loss of consortium.
In the majority of product liability cases lawyers must demonstrate that the defective product was in existence when it left defendant's control or possession. You could prove that the item had an issue due to its design or manufacturing process, or even a warning label. Your lawyer may be required to dispel any inferences that the defect was caused by improper handling or damage.
It is also important to remember that the statutes of limitations (the time frame within which you are able to file suit) apply to cases involving product liability. This law was designed to permit plaintiffs to pursue a case so long as the evidence is still fresh and the memories of eyewitnesses are still vivid. If you miss the deadline, your claim will be denied by the court.
Our experienced injury lawyers have successfully dealt with 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 attorneys.