How Injury Lawyers Can Help
Serious injuries can cost thousands, or millions of dollars in medical expenses, lost wages and reduced quality of life. Injury lawyers can assist victims navigate the complex legal procedures 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 give expert testimony. They can also defend clients against personal injury lawsuits filed by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice occurs when a hospital or doctor fails to treat their patient with the care they are entitled to. This can result in serious injuries or even death. Medical malpractice injuries can be complicated, requiring an extensive legal process. Our lawyers have experience in these types cases and will fight to obtain the compensation you deserve.
Doctors receive specialized training and satisfy licensing requirements to ensure they are qualified to care for patients. Even the most well-trained doctors are capable of making mistakes that can result in serious injuries or even death for their patients. These errors could range from prescribing the wrong medication to putting an object inside the body of a patient following surgery.
In Pueblo of states, four elements must be proved to win a claim for medical malpractice. This involves the existence of a duty of care by your healthcare provider; a breach of the duty due to a failure to adhere to medical standards; a causal link between the breach and your injuries; and the amount of the damages resulting from the injury. Your lawyer will employ a variety of resources including expert witnesses to establish your case.
Your lawyer will examine your medical and hospital records to determine whether you suffered an injury as a result of the negligence of the medical professional. They will then collaborate with medical professionals to determine the cause of your injury and link it to the actions of the doctor. It is crucial to do this because the attorney representing the defendant will attempt to claim that your injuries were caused by pre-existing conditions, or the result of an underlying medical condition.
New York state laws tend to protect hospitals and doctors over injured patients, which is why these kinds of cases are often very challenging to present to trial. Being quick is essential due to the extremely limited time frame for the filing of a medical malpractice lawsuit. If you suspect that you or someone you love may have been 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 that range from speeding on the highway to bumper-tobumper pedestrians or traffic crossing the street. Each factor could cause injuries to victims of accidents. It is therefore important that a lawyer who handles injury claims be knowledgeable about the specifics of automobile accidents. This knowledge can be used to determine property damage, determine fault and assess the severity of any mental or physical injuries.
Additionally, a seasoned car accident attorney can be your advocate when dealing with insurance companies or defendants. They will ensure that you don't receive lowball offers, and will make sure you receive compensation for your losses. This is crucial because many injured people accept the first compensation offer because of convenience or because they believe that it will cover their needs.
If your injuries are at a level that New York State deems to be "serious," then you could be eligible for compensation above and beyond what the insurance company is offering. If your lawyer is aware of this threshold, they will be able tell you if you're entitled to additional compensation under the state's pure comparative law.
Even if you have insurance it is a good idea to talk to an experienced New York City car accident attorney as soon as possible. A lawyer can handle all paperwork and deadlines so that you can concentrate on healing. They are also able to negotiate with the insurance company on your behalf, and will often negotiate a better settlement than you would be capable of obtaining on your own.
Document all medical expenses and treatments, as well as any income loss or property damages. This will increase your chances of success and allow you to demonstrate your case. It is also important to have an expert witness who can confirm that your injury was directly caused by the crash, and not something that happened before or after.
Premises Liability
Injuries that happen on someone else's property are covered by premises liability cases. These accidents are generally caused by negligence or lack of diligence on the part of the property owner. This can include unsafe or faulty conditions, such as broken elevators or swimming pool accidents and toxic fumes that are not adequately warned of. A lack of safety or security equipment, like fire alarms, may be deemed to be negligent.
In order to file a claim that is successful, victims must show that the property owner owed an obligation to keep their premises safe and that they failed to fulfill this duty. If, for example, the painter was employed to paint a ceiling, and fell through a cracked tile the owner of the property could be held responsible. Other instances of negligent maintenance could include:
State case precedents establish the extent to which property owners must keep their properties in a safe and secure condition. Certain of these guidelines can also be found in city ordinances and construction regulations. The duty of the property owner depends on the visitor's purpose and status.
For example, a guest who is in a hotel for business purposes is usually categorized as an invitee. This means that the hotel is responsible for providing a safe and secure environment for guests, however the duty of care is not as broad as the one owed to trespassers.
In any incident that involves dangerous property conditions, the victim must exercise reasonable care to ensure their safety. However, if he or is found to be at fault for the incident, recovery will be reduced by the percentage of negligence.
When selecting an injury lawyer, inquire about their experience handling premises liability cases and whether or not they've been awarded compensation for their clients. You should also inquire about the attorney's understanding of local laws and procedures that are applicable to your particular case. It's important to select an attorney with an established track record of success, especially in cases that involve complicated issues and huge payouts.
Product Liability
The laws on product liability specify the manner in which victims can be compensated for injuries caused by defective products. Generally, anyone who was injured by a defective or dangerous product can file a lawsuit against the manufacturer and others involved in its creation distribution, sale, or production. Wholesalers, distributors and retailers who sold the product are also covered in this. In some states, people who repair or rebuild products can also be liable under certain conditions.
Injury lawyers know the rules that govern these cases and can help ensure that your compensation claims are legitimate. Additionally, a experienced lawyer will be able to evaluate any settlement offer and might be able to negotiate with the insurance company on your behalf. 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 happened. This includes all of your expenses including lost wages, damaged property, medical costs, physical impairments and emotional distress.
In the majority of product liability cases the lawyer you hire will have to show that the defective product was present in a way before it left the possession or control of the defendant. It is possible to prove that the item had a defect due to its design or manufacturing process, or even a warning label. Your lawyer may also have to disprove any claim that the defect was caused by improper handling or a deterioration.
It is also important to keep in mind that the statute of limitations (the time period during which you can file an action) is applicable to product liability cases. The law was created to allow claimants to pursue a case so long as the evidence is fresh and the eyewitness memories are still vivid. If you miss the deadline, your case will be rejected by the court.
Our skilled injury lawyers have successfully resolved many defective product cases and can help you as well. Contact us today to schedule a free consultation when you are ready to discuss your case with our lawyers.