Personal Injury Compensation Claims Explained In Fewer Than 140 Characters
How Injury Lawyers Can Help
Serious injuries can result in thousands, or millions, in medical bills, lost income and diminished quality of life. Injury lawyers can help victims through the complexities of legal procedures, confusing medical terms, and mounds of paperwork involved.
They can also handle communication with insurance adjusters, write depositions and interrogatories, and provide expert witness testimony. They also can defend their clients from personal injury lawsuits brought by insurance companies who act in bad faith.
Medical Malpractice
Medical malpractice is when a hospital or doctor does not treat their patient with the care they should have. This can lead to serious injury or even death. Injuries from medical malpractice can be complicated and require a significant amount of legal work. Our lawyers have experience handling these types cases and will fight to obtain the compensation you deserve.
Doctors undergo specialized training and satisfy the requirements for licensure to ensure that they are competent to treat patients. However, even the most well-trained doctors make mistakes that could cause serious injury or death to patients. These errors could range from prescribing the wrong drug to leaving an object in a patient's body following surgery.
In the majority of states there are four elements that must be proved to prevail in a lawsuit for medical malpractice. This involves the existence of a duty of care by your healthcare provider; breach of that duty by a failure to adhere to medical standards; a causal relationship between the breach and your injuries; and the amount of the damages resulting from the injury. Your lawyer will use various sources, including expert witnesses, to establish your case.
Your lawyer will examine your medical and hospital records to determine if you sustained an injury due to the negligence of a medical professional. Then they will work closely with medical experts to determine the root of your injuries and connect them to the actions of your physician. It is crucial to do this because the defendant's attorney will try and claim that your injuries were caused by pre-existing conditions or a result of an underlying condition.
injury and accident lawyer are geared more towards protecting hospitals and doctors rather than injured patients. This makes it difficult to bring these claims to trial. Being quick is essential due to the extremely short statute of limitation for filing a medical malpractice claim. If you suspect you or a loved one may be the victim of medical malpractice, speak to an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A variety of causes can result in car accidents including speeding on the highway to bumper-tobumper traffic or pedestrians crossing the street. Each one of these causes can affect the injuries suffered by victims of accidents. It is therefore important that a lawyer for injury be aware of the specifics of auto accidents. Having this knowledge can help to determine who is to blame and evaluate property damage. It can also help evaluate the extent of any physical or mental injuries.
A lawyer for car accidents who is experienced can represent you in dealing with defendants and insurance companies. They will make sure that you do not get presented with low-cost deals and that you are compensated for all the losses. This is crucial because many people who are injured choose to accept the first compensation offer just for convenience or because they think it will satisfy 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 that is higher than what insurance companies are offering. If your injury lawyer is familiar with the threshold and the threshold, they'll be able to guide you on whether or not you're eligible for more compensation under the state's pure comparative negligence law.
Even if you are covered by insurance it is a good idea for you to speak with an experienced New York City auto accident lawyer as soon as you can. A lawyer can take care of 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.
It is also crucial to document all your medical treatment and expenses, as well as any losses in income or property damage. This will increase your odds of success and help you demonstrate your case. It is also helpful to have a witness who can testify that your injury was the direct result of the accident and not something that occurred prior to or after.
Premises Liability
Injuries that occur on else's property are covered by premises liability cases. These incidents are usually caused by the negligence of the property owner. This can include unsafe or defective conditions, like elevators that have failed or swimming pool accidents, as well as toxic fumes which are not properly warned about. In addition, a lack of safety or security equipment such as fire alarms could be considered to be negligent.
To bring a successful lawsuit against the property owner, the victims must prove that they acted in violation of their duty to maintain the property in a safe and secure condition. For example, if a painter is hired to work on someone's ceiling and falls off a cracked tile, the property owner may be held liable for the injury. Other examples of negligent maintenance might include:
State case precedents establish the extent to which property owners are required to keep their properties in a safe state. Certain of these guidelines are also defined by city ordinances as well as building regulations. The obligation of the property owner is contingent on the visitor's purpose and status.
For instance, a person who is in the hotel for business reasons is usually categorized as an invitee. This means that the hotel is responsible for providing a safe and secure environment to guests, but the duty of care isn't as wide as that owed to criminals.
In any accident that is a result of a dangerous property condition the victim must exercise reasonable care to ensure his or her safety. However, if he or is found to be partly responsible for the incident the amount of compensation will be reduced by the proportion 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. Also, inquire about the lawyer's knowledge of local laws and procedures that apply to your situation. It's crucial to choose an attorney who has a proven track record, particularly when dealing with claims that involve complex issues and large payouts.
Product Liability
The laws on product liability specify when and how victims can be compensated for injuries caused by defective products. Anyone who has been injured due to a defective or dangerous product may file a lawsuit against the manufacturer distributors, retailers, and others involved in its manufacture. This includes distributors, wholesalers, and retailers who sold the product. In certain states the people who repair or rebuild products could be held liable in certain situations.
Lawyers who specialize in injury are aware of the rules that govern these cases. They will assist in ensuring that your claims for compensation are legal. In addition, a competent attorney will know how to evaluate a settlement offer and may be in a position to negotiate with the insurance company on your behalf. The primary goal 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 covering all your expenses including lost earnings, property damage, medical bills, physical impairments loss of enjoyment of life, emotional distress, and loss of consortium.
In the majority of cases involving product liability lawyers must demonstrate that the defective product was present at the time it left the defendant's possession or control. This could include proving that the item was defective in its design, manufacturing or warning label. Your attorney may also need to negate any inference that the defect was caused by intermediate handling or damage.
It is also important to keep in mind that the statute of limitations (the time period during the time you can file lawsuits) is applicable to product liability cases. This law was designed to permit claimants to pursue their case so long as the evidence is still fresh and the eyewitness memories are still vivid. If you fail to meet the deadline, your claim will be deemed invalid.
Our experienced injury lawyers have successfully dealt with many defective product cases and can help you as well. Contact us today to schedule an initial consultation for free when you are ready to discuss your case with our attorneys.