Personal Injury Compensation Claims Explained In Fewer Than 140 Characters
How Injury Lawyers Can Help
Serious injuries can cost thousands or millions - in medical bills, lost wages and reduced quality of life. Injury lawyers can help victims through the complex legal process, confusing medical terms, and piles of paperwork.
They can also handle communication with insurance adjusters, write interrogatories and depositions, as well as provide expert witness testimony. They can also defend clients from personal injury lawsuits brought by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice is the case when a medical professional or hospital doesn't treat a patient with the care they ought to have. This could result in serious injuries or even death. Medical malpractice claims can be complicated, requiring an extensive legal process. Our lawyers have experience handling these types cases and will fight to obtain the compensation you deserve.
Doctors receive specialized training and meet licensing requirements to ensure they are qualified to treat patients. However even the most experienced doctors can make mistakes which can result in serious injuries or even death to patients. These mistakes can range from prescribing wrong medication or creating a foreign body inside the patient's body after surgery.
In most states there are four elements that must be proved to win a claim for medical malpractice. There is a responsibility of your healthcare provider to provide you with the highest possible treatment. This duty cannot be violated when a healthcare provider fails to follow medical standards. Your lawyer will use various sources, including expert witnesses, to establish your case.
Your lawyer for injury will go through all of your medical documents and hospital records in order to determine if the injury you sustained was caused by a medical professional's negligence. They will then collaborate with medical professionals to determine the source of your injury and connect it to the doctor's actions. This is crucial because defendants' attorneys will attempt to argue that your injuries are caused by pre-existing conditions or the result of another cause, such as an underlying health issue.
New York laws are geared more towards protecting hospitals and doctors rather than injured patients. This makes it difficult to bring these claims to trial. Acting quickly is important because there is a very limited time frame for filing a medical malpractice claim. Contact a New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you care about may have been a victim of medical negligence.
Auto Accidents
Car accidents can result from a range of causes, from speeding highway driving to bumper-to-bumper traffic and pedestrians who cross the road. Each factor can impact the injuries that accident victims suffer. Therefore, it is crucial for an injury lawyer to be familiar with the specifics of auto accidents. Having this knowledge can help to determine who is responsible as well as evaluate the damage to property and evaluate the extent of any mental or physical injuries.
An attorney for car accidents who is experienced can be your advocate in dealing with defendants and insurance companies. They will ensure that you don't receive lowball offers, and that you get compensation for your losses. This is crucial because many people who are injured take the first offer of compensation just for convenience or because they think it will meet their needs.
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 the insurance company offers. If your lawyer is familiar with this threshold, they will be able to tell you if you are entitled to additional compensation under New York's pure comparative law.
Even if you are insured and you are insured, it is advisable to talk to an experienced New York City car accident attorney as soon as possible. A lawyer will be able to handle all paperwork and deadlines so that you can concentrate on healing. They can also help to negotiate with the insurance company on your behalf and often get you a higher settlement than you would be able to obtain on your own.
It is also important to record all medical treatment and expenses and any lost income or property damage. This will increase your odds of success and assist you prove your case. It is also helpful to have a witness confirm that your injuries were the direct result of the accident and not due to something that happened before or after.
Premises Liability
Premises liability cases are those that result in injuries on the property of another. These incidents are usually caused by the negligence of the property owner. This can be due to unsafe or defective conditions, like elevators that have failed or swimming pool accidents, as well as toxic fumes which are not properly warned about. Additionally, a lack of safety or security equipment like fire alarms could be considered to be negligent.
In order to be successful in claiming, victims must show that the property owner was under a duty to keep their premises safe and that they breached this duty. For instance, if an employee was hired to paint a ceiling, and fell from a cracked tile the property owner may be held accountable. Other examples of negligent maintenance include:
The law determines the extent to which property owners must keep their property in a safe condition and this is governed by state case precedents. Some of these guidelines are also established by city ordinances and building regulations. The responsibility 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 typically categorized as an invitee. This means that the hotel needs to provide a safe environment for guests, however it's not as broad as the duty of care owed to those who trespass.
In any incident that involves a dangerous property condition the victim should exercise reasonable care to ensure his or her safety. If, however, he she is found to be partly at fault for the accident, recovery will be reduced by his or her percentage of negligence.
Ask about the experience of the lawyer in handling premises liability cases, and if they have had success in obtaining compensation for their clients. You should also inquire about the lawyer's knowledge of local laws and procedures that will apply to your situation. It is crucial to select an attorney with a an established track record of success, particularly with cases that have complex issues and large payouts.
Product Liability
Product liability laws define the manner in which victims can receive compensation for injuries caused by defective products. Generally speaking, anyone who is injured by a defective or dangerous product may file a lawsuit against the manufacturer and other parties involved in its production distribution, sale, or production. Wholesalers, distributors, and retailers who sold the product are included in this. In some states, people who repair or replace products can also be liable under certain circumstances.
Injury lawyers are aware of the rules that govern such cases and can ensure that your compensation claims are valid. A competent lawyer will be able to evaluate the settlement offer and could be capable of negotiating with the insurance company on your behalf. The main objective of any compensation claim is to provide enough money to put you back in the same financial situation that you were in prior to the accident occurred. This includes all of your expenses, including lost wages, destroyed property, medical costs physical impairments, emotional distress.
In the majority of product liability cases, your lawyer will need to show that the defective product was present in a way when it left the possession or control of the defendant. This could include proving that it was defective in its design, manufacturing or warning label. Your lawyer may also have to disprove any notion that the defect was caused by intermediate handling or a deterioration.
It is important to keep in mind that the statute of limitations (the time limit within which you are able to bring lawsuits) applies to product liability cases. This law is designed to allow claimants to pursue a case while the evidence and eyewitness memory are still fresh. If you do not meet the deadline, your claim will be deemed invalid.
Our lawyers for injury have handled numerous defective product cases successfully, and can help you too. If you're ready discuss your matter with one of our lawyers we invite you to contact us for a free consultation.