How Injury Lawyers Can Help
Injuries that are severe can cost thousands or millions - in medical expenses, lost wages and reduced quality of life. Injury lawyers can help victims navigate the complicated legal process, confusing medical terminology, and mountains of paperwork.
They also manage communication with insurance adjusters, prepare interrogatories and depositions, and provide expert witness testimony. They also can defend their clients from personal injury lawsuits brought by insurance companies acting in bad good faith.
Medical Malpractice
Medical malpractice is a kind of personal injury in which hospitals or doctors fail to provide the required care when treating their patient. This can lead to serious injuries and even death. Medical malpractice-related injuries are often complex and require a significant amount of legal work. Our lawyers have experience handling these types cases and will fight for you to secure the compensation you deserve.
Doctors receive specialized training and meet licensing requirements to ensure they are competent to treat patients. Even the most trained doctors are capable of making mistakes that could cause serious injuries or even death for their patients. These errors can range from prescribing wrong medication to leaving a foreign object inside the body of the patient after surgery.
In most states, there are four elements that must be proved to win a medical malpractice claim. This involves the existence of a duty of care by your healthcare provider; breach of that duty by the failure to follow medical standards; a causal link between the breach and your injuries; and an amount of damages that flow from the injury. Your lawyer will use a variety of sources including expert witnesses to establish your case.
Your injury lawyer will review all medical documents and hospital records in order to determine if the injury you sustained was the result of a medical professional's negligence. They will then work closely with medical experts to determine the root of your injury and tie it to the actions of the doctor. It is important to do this because the lawyer representing the defendant could try and claim that your injuries are pre-existing, or the result of an underlying medical condition.
New York state laws tend to protect hospitals and doctors more than injured patients, so these kinds of claims are usually very difficult to present to trial. Being quick is essential due to the extremely short time limit for filing a medical malpractice claim. If you believe that you or a loved one may have been victimized by medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A variety of causes can result in car accidents that range from speeding on the highway to bumper-to-bumper traffic or pedestrians crossing the street. Each factor has an impact on the injuries victims of accidents suffer. Therefore, it is essential that a lawyer who handles injury claims be knowledgeable about the specifics of auto accidents. Knowing this information can help to determine who is responsible, evaluate property damage and assess the severity of any physical or mental injuries.
In addition, an experienced car accident attorney can serve as your advocate when dealing with insurance companies or defendants. They will ensure that you don't 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 think that the compensation is sufficient to meet their needs.
If your injuries are at a level that New York State deems to be "serious," then you may be entitled to additional compensation above and beyond what the insurance company is providing. If your lawyer is familiar with this threshold, they will be able tell whether you are entitled to additional compensation under New York's strict comparative law.
Even if you are covered by insurance it's a good idea for you to speak with an experienced New York City auto accident attorney as soon as you can. A lawyer will be able to take care of all documents and deadlines so you can focus on healing. They can also negotiate with the insurance company on your behalf and often get you an offer that is better than what you could have achieved on your own.
Keep track of all medical expenses and treatments, as well as any lost incomes or property damage. This will increase your odds of success and allow you to establish your case. It is also helpful to have an expert witness who can prove that your injuries were directly caused by the accident and not due to something that happened prior to or after.
Premises Liability
Injuries that happen on someone else's property are covered by premises liability cases. These accidents are typically caused by the negligence of the property owner. This can be due to unsafe or unsafe conditions, such as elevators that have broken down, swimming pool accidents and toxic fumes which are not adequately warned of. Insufficient security or safety equipment, for example, fire alarms, may be considered negligent.
In order to file a claim that is successful the victims must prove that the property owner was under a duty to keep their property in a safe condition and that they breached this obligation. For example the case where a painter has been hired to work on someone's ceiling and falls off a damaged tile, the owner of the property could be held responsible for the injury. Other instances of negligence in maintenance could include:
The law determines the extent to which a property owner must ensure that their property is in a safe condition and this is governed by state case precedents. A few of these guidelines can also be found in the city's ordinances and construction regulations. The duty of the property owner is based on the visitor's purpose and status.
For instance, a guest who is at a hotel for business purposes is usually categorized as an invitee. This means that the hotel is accountable to provide a safe environment for guests, however the responsibility for care isn't as broad as that owed to criminals.
In any incident that involves an unsafe property condition, the victim should exercise reasonable care to ensure their safety. If he or they are found to be partially at fault for the accident, recovery will be reduced by the percentage of negligence.
Ask about Springdale injury lawyers You Tube of the lawyer in handling premises liability cases and whether they have been successful in obtaining compensation for their clients. Also, inquire about the attorney's knowledge of local laws and procedures that apply to your particular case. It is important to choose an attorney who has an established an established track record of success, particularly with cases that involve complex issues and large payouts.
Product Liability
The laws on product liability specify the conditions under which victims may be compensated for injuries caused by defective products. Generally, anyone who was injured by a faulty or dangerous product can bring a lawsuit against the manufacturer and all those involved in its manufacture distribution, sale, or production. Wholesalers, distributors and retailers who sold the product are also included in this. In some states, people who repair or rebuild products can also be liable under certain conditions.
Injury lawyers are familiar with the rules that govern these cases and will assist in ensuring that all claims for compensation are legal. A experienced attorney will know how to examine a settlement offer and may be in a position to negotiate 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 position you were in prior to the accident. This includes all your costs, including lost wages destroyed property, medical costs physical impairments, emotional distress.
In most product liability cases, your lawyer must prove that the defective product was in existence when it left defendant's possession or control. You may be able to prove that the item was defective defects due to its design or manufacturing process, or a warning label. Your attorney may need to dispel any claims that the defect was caused due to intermediate handling or damage.
It is important to keep in mind that the statute of limitations (the time frame within the time you can bring a lawsuit) applies to cases involving product liability. This law was drafted to permit claimants to pursue a case in the event that the evidence is still fresh and the memories of eyewitnesses are still vivid. If you miss the deadline your claim will be rejected.
Our injury lawyers have handled a variety of defective product cases successfully and are able to assist you as well. Contact us for a an appointment for a free consultation if you are ready to talk about your case with our lawyers.