How Injury Lawyers Can Help
Injuries that cause serious injury can result in thousands, or millions in medical bills, lost income, and a diminished quality of life. Injury lawyers can guide victims through the complexities of legal procedures, confusing medical terms, and a mountain of paperwork.
They are able to handle communications with injury claims adjusters, write interrogatories and depositions, and give expert testimony. They can also defend their clients from personal injury lawsuits filed by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice occurs the case when a medical professional or hospital fails to treat their patient with the care they are entitled to. This could result in serious injury or even death. Injuries from medical malpractice are often complex and require a significant amount of legal work. Our lawyers are experienced in these types cases and will fight to obtain the compensation you deserve.
Doctors receive specialized training and meet the requirements for licensure to ensure that they are competent to treat patients. However even the most experienced doctors can make mistakes that can cause serious injury or even death to patients. These mistakes can range from prescribing the wrong medication to leaving a foreign object inside the body of a patient following surgery.
In most states there are four factors that must be proven to prevail in a medical negligence claim. This includes 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 link between the breach and your injuries; and a sum of the damages resulting from the injury. Your lawyer will make use of a variety of resources including expert witnesses to help to prove your case.
Your injury lawyer will review all of your medical documents and hospital records to determine whether the injury you suffered was caused by a medical professional's negligence. They will then work closely with medical professionals to determine the cause of your injury and link it to the actions of the doctor. This is vital since lawyers representing the defendants will try to argue that your injuries are pre-existing or the result of another cause, such as an underlying health issue.
New York laws are geared more towards protecting doctors and hospitals rather than injured patients. This makes it difficult to bring these cases to trial. Acting quickly is important because there is a very limited time frame for the filing of a medical malpractice lawsuit. 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 myriad of causes can result in car accidents that range from speeding on the highway to bumper-tobumper traffic or pedestrians crossing the street. Each factor can impact the injuries victims of accidents suffer. It is therefore essential that a lawyer who handles injury claims be knowledgeable about the specifics of auto accidents. This information can be used to evaluate the extent of damage to property as well as to determine fault and evaluate the severity or any mental or physical injuries.
A lawyer for car accidents who has experience can also be your advocate in dealing with insurance companies and defendants. They will ensure that you don't receive low-ball offers and will ensure that you receive compensation for your losses. This is crucial because many injured people simply choose to accept the first offer out of convenience or because they believe that the amount of compensation will be enough to cover their needs.
If you've been the victim of an injury that New York State considers "serious," you may be entitled to additional compensation. This is in addition to the amount the insurance company will pay. If your injury lawyer is aware of the threshold they'll be able to guide you on whether or not you are entitled to additional compensation under the state's law of pure comparative negligence.
Even if you are covered by insurance it is a good idea for you to consult a seasoned New York City auto accident attorney as soon as you can. An attorney will handle the paperwork and deadlines so you can focus on your recovery. They can also negotiate with the insurance company on your behalf, and often get you an amount that is higher than what you could have achieved on your own.
Document all medical expenses and treatments, as well as any losses in income or property damage. This will help to prove your case and increase your chances of a favorable outcome. It is also beneficial to be able to have a witness affirm that your injury was directly caused by the accident and not something that occurred prior to or after.
Premises Liability
Premises liability cases involve injuries that occur on another person's property. These incidents are usually caused by negligence or lack of care on the part of the property owner. This could include unsafe or defective conditions such as broken elevators and swimming pool accidents and toxic fumes that are not adequately warned of. A lack of safety or security equipment, such as fire alarms, may be deemed to be negligent.
In order to be successful in claiming the plaintiff must prove that the property owner was under an obligation to keep their premises in safe condition and that they failed to fulfill this duty. For example, if a painter is hired to work on a ceiling and falls from cracks in the tile, the property owner could be held accountable for the injury. Other instances of negligent maintenance include:
The law determines the extent to which a property owner must keep their property in a safe condition and is determined by the state's case precedents. A few of these guidelines can be found in the city's ordinances and regulations. The exact responsibilities of the property owner is depending on the visitor's status and purpose for visiting the premises.
YouTube in the hotel on business is classified as an invited guest. This means that the hotel has to provide a safe environment for guests, but it is not as broad as the duty of care owed to the trespassers.
In any incident that involves a dangerous property condition the victim should exercise reasonable care to ensure their safety. If he or they are found to be partly responsible for the incident, recovery will be reduced by his or her percentage of negligence.
When selecting an injury lawyer, ask about their experience handling premises liability cases and whether or not they have been awarded compensation for clients. You can also inquire about the attorney's understanding of local laws and procedures that apply to your case. It is crucial to select an attorney who has an established an established track record of success, particularly with cases that have complex issues and large payouts.
Product Liability
The laws governing product liability define the manner in which victims can receive compensation for injuries caused by defective products. Anyone who has suffered injury as a result of a dangerous or defective product may file a suit against the manufacturer, distributors, and retailers involved in its production. This includes distributors, wholesalers, and retailers who sold the product. In some states, people who repair or rebuild products may also be liable under certain conditions.
Injury lawyers are aware of the rules that govern these cases and can assist in ensuring that your compensation claims are legitimate. An experienced lawyer can also negotiate on behalf of you with the insurance company. The main purpose of a compensation claim is to secure funds to get you back to the financial situation you were in prior to the accident. This includes all the expenses, including lost wages, damaged property, medical expenses, physical impairments and emotional stress.
In the majority of product liability cases, your lawyer will need to prove that the defective item was present in some way before it left the control or possession of the defendant. This could be done by proving that the product was defective in its design, manufacture, or warning label. Your lawyer might need to dispel any notion that the defect was caused due to intermediate handling or damage.
It is also important to keep in mind that the statute of limitations (the time limit within which you can bring lawsuits) is applicable to cases involving product liability. This law is designed to ensure that claimants are able to pursue their case while the evidence and eyewitness memory are still fresh. If you miss the deadline, your claim will be denied by the court.
Our skilled injury lawyers have successfully resolved many defective product cases and can help you as well. If you're ready discuss your case with one of our lawyers Contact us for a free consultation.