How Injury Lawyers Can Help
Injuries that are severe can cost thousands, or millions - in medical bills, lost wages and a diminished quality of life. Injury lawyers can assist victims navigate the complex legal process as well as the confusing medical terminology and mountains of paperwork.
They are able to handle communications with injury claims adjusters, draft depositions and interrogatories, and provide expert testimony. They also can defend clients from personal injury lawsuits filed by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is the case when a medical professional or hospital doesn't treat a patient with the proper care they should have. This can result in serious injuries or even death. Injuries from medical malpractice are often complex and require a significant amount of legal work. Our lawyers are skilled in these kinds of cases and will fight for you to receive the compensation you deserve.
Doctors receive specialized training and must 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 injury or even death to their patients. These errors can be anything from prescribing the wrong drug to putting an object into the body of a patient following surgery.
In the majority of states, there are four elements which must be proven in order to win a medical malpractice claim. This includes the existence of the duty of care owed by your healthcare provider; breach of that duty by an inability to follow medical standards; a causal link between the breach and the injuries; and an amount of damages that flow from the injury. Your lawyer will make use of a variety of resources, including expert witnesses, to prove your case.
Your lawyer for injury will go through your medical records and hospital records in order to determine whether the injury you suffered was caused by a medical professional's negligence. They will then work with medical professionals to determine the cause of your injury and link it to the physician's action. It is crucial to do this as the attorney representing the defendant will attempt to claim that your injuries were pre-existing or the result of an underlying condition.
New York laws are geared more toward protecting hospitals and doctors rather than injured patients. This makes it difficult to bring these cases to trial. There is also a short statute of limitations to make a claim for medical malpractice and it's crucial to act swiftly. If you suspect you or someone you love may be victimized by medical malpractice, speak to an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A myriad of factors can lead to car accidents, from speeding on the highway, to bumper-to-bumper traffic or pedestrians crossing the street. Each of these factors could affect the injuries suffered by the victims of an accident. It is therefore important that a lawyer for injury be aware of the specifics of automobile accidents. This knowledge can be used to evaluate the extent of damage to property, determine fault and assess the severity or any mental or physical injuries.
In addition, an experienced lawyer for car accidents can also be your advocate when dealing with insurance companies or defendants. YouTube will make sure that you do not get presented with low-cost deals and that you are compensated for all your losses. This is especially important since many injured people will simply accept the first offer out of convenience or because they believe that the amount of compensation will be enough to cover their expenses.
If you've suffered an injury that New York State considers "serious," you may be entitled to additional compensation. This is in addition to the compensation insurance companies offer. If your injury lawyer is familiar with the threshold and the threshold, they'll be able to advise you on whether or not you are entitled to more under the state's pure comparative negligence law.
Even if you're covered by insurance, it's recommended to consult a seasoned New York City auto accident lawyer as soon as you can. An attorney can handle the paperwork and deadlines, so that you can concentrate on your recovery. They can also negotiate with the insurance company on your behalf, and usually get you a better settlement than you could have achieved on your own.
Document all medical expenses and treatments, as well as any lost incomes or property damages. This will help prove your case and increase the likelihood of a successful outcome. It is also helpful to have a witness confirm that your injuries were the direct result of the accident and not something that occurred prior to or after.
Premises Liability
Premises liability cases are those that result in injuries on the property of a third party. These accidents are typically caused by negligence or a lack of care by the property owner. This can include unsafe or defective conditions, such as elevators that are malfunctioning, swimming pool accidents and toxic fumes which are not properly warned. Insufficient safety or security equipment, like fire alarms, can be considered negligent.
In order to make a claim that is successful against the property owner, the victims must prove that they violated their duty to maintain the premises in a safe condition. For instance the case where a painter has been hired to work on someone's ceiling and falls from a cracked tile, the property owner could be held accountable for the injuries. Other instances of negligent maintenance could include:
The law defines the extent to which a property owner must maintain their property in a safe condition, and this is defined by state case precedents. Some of these guidelines are also defined by city ordinances as well as building regulations. The duty of the property owner depends on the visitor's purpose and status.
A guest in an establishment on business is classified as an invited guest. This means that the hotel is accountable for providing a safe environment for guests, but the duty of care isn't as broad as the one owed to trespassers.
In any accident that involves a dangerous property condition the victim must take reasonable care to ensure their safety. If, however, he is found to be partially at fault for the accident the recovery will be diminished by the proportion of negligence.
Ask about the experience of the lawyer handling premises liability cases and if they have succeeded in getting compensation for their clients. You should also inquire whether the lawyer is knowledgeable of local laws and procedures that will apply to your case. It is crucial to select an attorney with an impressive track record of success, especially in cases that have complicated issues and huge payouts.
Product Liability
The laws governing product liability determine the manner in which victims of defective products are entitled to compensation for their injuries. Generally speaking, anyone who is injured by a defective or dangerous product can bring a lawsuit against the manufacturer and all those involved in its production and distribution or sale. This includes distributors, wholesalers and retailers who sold the product. In certain states the people who repair or replace products can be held liable in certain circumstances.
Lawyers who specialize in injury know the rules that govern such cases and can help ensure that your compensation claims are valid. Additionally, a experienced lawyer will be able to assess the settlement offer and could be in a position to negotiate with the insurance company on your behalf. The goal of any compensation claim is to provide enough money to place you in the same financial situation that you were in prior to the accident took place. This includes all of your costs, including lost wages damaged property, medical costs physical impairments, emotional distress.
In the majority of product liability cases lawyers will need to show that the defective product was present in some way after it was removed from the control or possession of the defendant. This could be done by proving that the item was defective in its design, manufacturing, or warning label. Your attorney may need to dispel any inferences that the defect is 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 is designed to ensure that claimants can pursue their case while the evidence and eyewitness memories are fresh. If you miss the deadline your claim will be deemed invalid.
Our experienced injury lawyers have successfully handled many defective product cases and are able to assist you well. If you're ready to discuss your situation with one of our attorneys Contact us to schedule a free consultation.