How Injury Lawyers Can Help
Injuries that are severe can cost thousands, or millions - in medical bills, lost wages, and a diminished quality of life. Injury lawyers can help victims navigate the complicated legal procedures and confusing medical terminology and mountains of paperwork.
They can handle communication with injury claims adjusters, draft depositions and interrogatories, and provide expert testimony. They also assist clients from personal injury lawsuits brought by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a type of personal injury that occurs when the hospital or doctor fails to meet the standards of treatment for their patient. This can cause serious injury or even death. Medical malpractice cases are often complex and require the use of a lawyer for a long time. Our lawyers are experienced in these types cases and will fight for you to get the compensation you deserve.
Doctors need to undergo specific training to be able to treat patients. Even the most well-trained doctors are capable of making mistakes that could cause serious injuries or even death for their patients. These mistakes can range from prescribing the wrong medication to leaving a foreign object in the body of a patient following surgery.
In most states there are four elements that must be proved to be successful in a claim for medical malpractice. This includes the existence of an obligation of care from your healthcare provider; a breach of that duty by an inability to follow medical standards; a causal relationship between the breach and the injuries; and the amount of damages that flow from the injury. Your lawyer will make use of a variety of resources including expert witnesses to help prove your case.
Your lawyer for injury will go over your hospital and medical records to determine whether you suffered an injury due to the medical professional's negligence. Then they will collaborate with medical experts to determine the cause of your injuries and link them to the actions of the doctor. This is crucial because lawyers for defendants will try to argue that your injuries are pre-existing or the result of another cause, such as an underlying health condition.
New York laws are geared more toward protecting hospitals and doctors rather than injured patients. This makes it difficult to bring these claims to trial. There is also a short statute of limitations to make a claim for medical malpractice which is why it's imperative to act quickly. If you suspect you or someone you love may be the victim of medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A wide range of factors can lead to car accidents, from speeding on the highway to bumper-tobumper traffic or pedestrians crossing the street. Each one of these causes can impact the injuries suffered by the victims of an accident. Therefore, it is crucial for an injury lawyer to be acquainted with the specifics of auto accidents. This knowledge can be used to assess the damage to property, determine fault and assess the severity of any physical or mental injuries.
A car accident attorney who has experience can also serve as your advocate when dealing with insurance companies and defendants. They will ensure that you are not presented with low-cost offers and ensure that you are compensated for all losses. This is crucial because many injured individuals simply accept the first offer out of convenience or because they believe that the compensation is enough to cover their needs.
If your injuries are at a level New York State deems to be "serious," then you may be entitled to additional compensation above and beyond what the insurance company is offering. If your lawyer is aware of this threshold, he or she will be able to tell you if you are entitled to additional compensation under the state's pure comparative law.
Even if you are covered by insurance it is recommended to speak with an experienced New York City auto accident lawyer as soon as you can. An attorney can handle the paperwork and deadlines, so that you can concentrate on your recovery. They can also negotiate with the insurer on your behalf and can often negotiate an offer that is better than what you could have gotten on your own.
It is also essential to keep track of all your medical expenses and treatments, as well as any loss of income or property damage. This will increase your chances of success and help you demonstrate your case. Additionally, it's beneficial to have an expert witness who can attest that your injury was a direct result of the accident and not due to something that happened before or after.
Premises Liability
Injuries that occur on someone other's property are covered under premises liability cases. These accidents are generally caused by negligence or a lack of care by the property owner. This could include unsafe or defective conditions, like elevators that have failed or swimming pool accidents as well as toxic fumes that have not been properly warned. Insufficient safety or security equipment, such as fire alarms, may be deemed to be negligent.
In order to be successful in claiming, victims must show that the property owner was under an obligation to keep their property in a safe condition and that they failed to fulfill this duty. For example the case where a painter has been hired to work on someone's ceiling and falls from a cracked tile, the owner of the property could be held accountable for the injury. Other instances of negligent maintenance might include:
State case precedents define the extent to which property owners are required to keep their properties in a safe and secure condition. Certain of these guidelines can also be found in the city's ordinances and construction regulations. The exact responsibilities of property owners varies according to the status of the visitor and purpose for visiting the premises.
A person who is staying in the hotel for business is considered an invited guest. This means that the hotel is responsible for providing a safe environment for guests, however the duty of care is not as broad as that owed to trespassers.
In any accident that involves dangerous property conditions, the victim must take reasonable care to ensure their safety. However, if he or she is found to be partly responsible for the incident the amount of compensation will be reduced by the percentage of negligence.
When selecting an injury lawyer, ask about their experience with premises liability cases, and whether or not they have been awarded compensation for clients. You should also inquire about the lawyer's knowledge of local laws and procedures applicable to your particular case. It's important to select an attorney who has an impressive track record of success, especially in cases that involve complex issues and large payouts.
Product Liability
Product liability laws define when and how victims of defective products can be compensated for their injuries. In general, anyone who has been injured by a faulty or dangerous product can sue the manufacturer and all those involved in its manufacture, distribution, or sale. Wholesalers, distributors, and retailers who sold the product are also covered in this. In some states, people who repair or rebuild the 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 attorney will know how to assess the settlement offer and could be able to negotiate with the insurance company on your behalf. Palm Bay injury attorney of any compensation claim is to give you enough money to place you in the same financial situation that you were in prior the accident occurred. This includes all your expenses including lost wages, destroyed property, medical costs, physical impairments and emotional stress.
In most product liability claims the lawyer you hire will have to demonstrate that the defective item was present in some manner after it was removed from the control or possession of the defendant. It is possible to prove that the item was defective an issue due to its design or manufacturing process, or even a warning label. Your attorney may also need to negate any inference that the defect was caused by inadequate handling or damage.
It is also important to keep in mind that the statute of limitations (the time limit within the time you can bring lawsuits) is applicable to product liability cases. This law was designed to permit claimants to pursue their case in the event that the evidence is fresh and the eyewitness testimony is still vivid. If you fail to meet the deadline, your claim will be rejected.
Our experienced injury lawyers have successfully dealt with many defective product cases and are able to assist you as well. When you are ready to discuss your case with one of our attorneys we invite you to contact us to schedule a free consultation.