How Injury Lawyers Can Help
Serious injuries can cost thousands or millions - in medical bills, lost wages and a diminished quality of life. Injury lawyers can guide victims through the complicated legal process as well as the confusing medical terms and a mountain of paperwork.
They can also manage communications with insurance adjusters, conduct depositions and interrogatories, and provide expert witness testimony. They also can defend their clients against personal injury lawsuits brought by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice occurs the case when a medical professional or hospital doesn't treat a patients with the respect they should have. This can cause serious injuries or even death. Medical malpractice-related injuries are often complex and require a lot of legal work. Our lawyers have experience handling these types cases and will fight for you to secure the compensation you deserve.
Doctors receive specialized training and satisfy requirements for licensing to ensure they are competent to treat patients. Even the best-trained doctors are capable of making mistakes that could cause serious injuries or even death for their patients. These mistakes could range from prescribing the 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 prevail in a medical negligence claim. There is a responsibility of your healthcare provider to provide you with the best possible care. This duty cannot be violated when a healthcare provider fails to adhere to medical standards. Your lawyer will make use of various sources, including expert witnesses to help establish your case.
Your lawyer for injury will go through your medical documents and hospital records to determine if the injury you sustained was the result of a medical professional's negligence. Then, they will work closely with medical professionals to determine the root of your injuries and link them to the physician's actions. This is essential because defendants' attorneys will try to claim that your injuries are pre-existing or the result of a different cause, such as an underlying health issue.
New York state laws tend to protect doctors and hospitals rather than injured patients, so these kinds of cases are usually very difficult to bring to trial. Acting quickly is important due to the extremely limited time frame for filing a medical malpractice case. Contact an New York medical malpractice attorney at the Cochran Firm in the event that you suspect you or someone you know may have been a victim of medical negligence.
Auto Accidents
A variety of causes can result in car accidents including speeding on the highway, to bumper-to-bumper traffic or pedestrians crossing the street. Each factor can impact the injuries accident victims suffer. It is therefore essential that an injury lawyer be familiar with the details of automobile accidents. This information can be used to assess the damage to property, determine fault, and evaluate the severity of any physical or mental injuries.
Additionally, a seasoned lawyer for car accidents can also be your advocate when dealing with insurance companies or defendants. They will ensure that you do not receive low-ball offers and that you get compensation for your losses. This is particularly important because many injured people will simply take the first offer because of convenience or because they believe that the compensation is likely enough to 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 beyond what insurance companies are offering. If your lawyer for injury is knowledgeable about the threshold, they will be able to provide you with advice on whether or not you're entitled to additional compensation under the state's strict comparative negligence law.
Even if you are insured, it is recommended to speak with a seasoned New York City car accident attorney as soon as possible. An attorney can take care of the paperwork and deadlines so you can focus on your recovery. They can also help to negotiate with the insurance company on your behalf and can often get you a higher settlement than you would be able to obtain on your own.
Document all medical expenses and treatments, as well as any lost incomes or property damage. This will help prove your case and increase the chances of a positive outcome. It is also beneficial to have a witness who can testify that your injury was the direct result of the accident and not something that occurred prior or following.
Premises Liability
Premises liability cases result in injuries that occur on another person's property. These accidents are typically caused by negligence on the part the property owner. This can be due to unsafe or faulty conditions, such as broken elevators and swimming pool accidents and toxic fumes not properly warned of. In addition, a lack of safety or security equipment like fire alarms could be deemed negligent.
In order to bring a successful lawsuit against the property owner, victims must prove they have violated their obligation to keep the property in a safe and secure condition. For instance when a painter is employed to repair someone's ceiling and falls off a damaged tile, the owner of the property could be held accountable for the injuries. Other instances of negligence in maintenance could include:
State case precedents determine the extent to which property owners are required to maintain their properties in a safe and secure condition. Certain of these guidelines are also defined by city ordinances as well as building regulations. The duty of the property owner is based on the visitor's purpose and status.
A guest staying in the hotel for business is considered an invited guest. This means that the hotel must offer a safe and secure environment for guests, but it's not as wide as the duty of care owed to those who trespass.
In any incident that involves a dangerous property condition the victim must exercise reasonable care to ensure their safety. If, however, he they are found to be partially at fault for the accident the recovery will be diminished by his or her percentage of negligence.
Ask about the experience of the lawyer in handling premises liability cases and whether they have been successful in getting compensation for their clients. Also, inquire about the lawyer's knowledge of local laws and procedures applicable to your case. It is important to choose an attorney with a an established track record of success, particularly with cases that involve complex issues and large payouts.
Product Liability
Product liability laws define when and how victims of defective products are entitled to compensation for their injuries. In general, anyone who has been injured by a defective or dangerous product can sue the manufacturer and all those involved in its manufacture, distribution, or sale. This includes the distributors, wholesalers and retailers who sold the product. In some states, those who repair or rebuild products could be held accountable in certain circumstances.
Injury lawyers are well-versed in the rules that govern these cases and can help ensure that all claims for compensation are valid. Additionally, a experienced lawyer will be able to examine the settlement offer and could be able to negotiate with the insurance company on your behalf. The main purpose of a compensation claim is to secure funds to get you back to the financial position you were in prior to the accident. This includes all your expenses, including lost wages, damaged property, medical costs physical impairments, and emotional distress.
In the majority of product liability cases lawyers will need to show that the defective product was present in some manner before it left the control or possession of the defendant. This could include proving that the product had a defect in its design, manufacturing or warning label. Your lawyer might need to dispel any notion that the problem was by handling errors or damage.
It is also important to keep in mind that statutes of limitations (the period in which you can file a suit) apply to cases involving product liability. This law is designed to ensure that claimants can pursue a case while the evidence and eyewitness memories are fresh. If Danbury injury lawyers fail to meet the deadline, your case will be rejected by the court.
Our skilled injury lawyers have successfully dealt with many cases involving defective products and are able to assist you as well. If you're ready to discuss your matter with one of our attorneys, please contact us to set up a no-cost consultation.