How Injury Lawyers Can Help
Injuries that cause serious injury can cost thousands, or even millions in medical bills, lost income, and reduced quality-of-life. Injury lawyers can guide victims through the complex legal process as well as the confusing medical terms and mounds of paperwork involved.
They can handle communication with injury claims adjusters, prepare interrogatories and depositions, and provide expert testimony. They also can defend their clients against personal injury lawsuits brought by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a form of personal injury where the hospital or doctor fails to provide the required care in treating their patient. This can result in serious injury or even death. Medical malpractice injuries can be complex, requiring the use of a lawyer for a long time. Our lawyers are experienced in these types cases and will fight for you to obtain the compensation you deserve.
Doctors must undergo special training in order to treat patients. Even the most trained doctors can make mistakes that can result in serious injuries or even death for their patients. These mistakes can range from prescribing incorrect medication or leaving a foreign object in the body of the patient after surgery.
In most states, there are four elements that must be proved to prevail in a medical negligence claim. This involves the existence of an obligation of care from your healthcare provider; a breach of that duty through the failure to follow medical standards; a causal link between the breach and the injuries; and the amount of damages resulting from the injury. Your lawyer will make use of a variety of resources including expert witnesses to prove your case.
Your injury lawyer will review your hospital and medical records to determine if you sustained an injury due to the negligence of the medical professional. They will then work closely with medical experts to determine the root of your injury and tie it to the actions of the doctor. It is important to do this as the defendant's attorney will attempt to claim that your injuries were caused by pre-existing conditions or the result of an underlying condition.
New York laws are geared more towards protecting doctors and hospitals as opposed to 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 filing a medical malpractice claim. If you suspect that you or someone you love 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 factors can cause car accidents, from speeding on the highway to bumper-tobumper traffic or pedestrians crossing the street. Each factor has an impact on the injuries accident victims suffer. It is therefore essential that an injury lawyer be knowledgeable about the specifics of auto accidents. This information can be used to assess the extent of damage to property as well as to determine fault and evaluate the severity or any mental or physical injuries.
An attorney for car accidents who has experience can also be your advocate in dealing with insurance companies and defendants. They will make sure that you do not get presented with lowball offers and that you are compensated for all your losses. This is important because many people who suffer injuries accept the first compensation offer simply out of convenience, or because they believe it will meet their needs.
If your injuries are at a degree that 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 injury lawyer is knowledgeable about the threshold, they will be able to provide you with advice on whether or not you are eligible for more compensation under the state's strict comparative negligence law.
Even if you are insured and you are insured, it is advisable to talk to an experienced New York City car accident attorney as soon as possible. A lawyer will be able to take care of all formalities and deadlines so you can concentrate on healing. They are also able to negotiate with the insurance company on your behalf and can often secure a greater settlement than you would have been in a position to get on your own.
Document all medical expenses and treatments, as well as any income loss or property damage. This will increase your odds of success and help you establish your case. It is also helpful to have a witness who can affirm that your injury was directly caused by the accident and not due to something that occurred prior or following.
Premises Liability
Injuries that occur on other's property are covered under premises liability cases. These incidents are usually caused by negligence or lack of care on the part of the property owner. This may include unsafe or defective conditions such as broken elevators, swimming pool accidents, and toxic fumes that are not adequately warned of. A lack of safety or security equipment, such as fire alarms, could also be deemed negligent.
To file a successful claim, victims must show that the property owner had a duty to keep their property in a safe condition and that they violated this obligation. For instance, if a painter is hired to work on someone's ceiling and falls from a damaged tile, the owner of the property could be held responsible for the injuries. Other instances of negligence in maintenance could include:
State case precedents define the extent to which property owners must maintain their properties in a safe condition. Some of these guidelines are defined by city ordinances as well as building regulations. The exact duty of the property owner is dependent on the status of the visitor and the reason of visiting the property.
For instance, a person who is staying in a hotel for business purposes is typically categorized as an invitee. This means that the hotel is responsible for providing a safe environment for guests, but the duty of care isn't as wide as that owed to trespassers.
In any accident that is caused by the property in danger the victim is obligated to take reasonable precautions to ensure his or her safety. If the victim is found partially responsible for the incident the amount of compensation is reduced based on the percentage of responsibility.
Ask about Camden injury lawyers of the lawyer handling premises liability cases, and if they have been successful in obtaining compensation for their clients. Also, inquire about their knowledge of local laws and procedures applicable to your particular case. It is crucial to select an attorney with a successful track record, especially when dealing with claims that have complex issues and large payouts.
Product Liability
Product liability laws define when and how victims can get compensation for injuries incurred by defective products. Generally, anyone who was injured by a defective or dangerous item can file a lawsuit against the manufacturer and all those involved in its creation distribution, sale, or production. Wholesalers, distributors and retailers who sold the item are also covered in this. In some states, those who repair or replace products can be held responsible under certain circumstances.
Lawyers who specialize in injury know the rules that govern such cases and can help ensure that your compensation claims are valid. A competent attorney will know how to evaluate any settlement offer and might be in a position to negotiate with the insurance company on your behalf. The primary purpose of a compensation claim is to obtain money to bring you back to the financial situation you were in prior to the accident. This includes covering all of your expenses including any loss of earnings, damaged property, medical bills, physical impairments loss of enjoyment of life, emotional stress, and loss of consortium.
In the majority of claims for product liability lawyers will need to prove that the defective item was present in a way when it left the possession or control of the defendant. This could include proving that it was defective in its design, manufacture or warning label. Your lawyer may be required to dispel any notion that the problem was by handling errors or damage.
It is also important to remember that the statutes of limitations (the time limit within which you are able to file suit) apply to cases involving product liability. This law was drafted to allow claimants to pursue their case in the event that the evidence is fresh and the eyewitness memories are still vivid. If you fail to meet the deadline, your claim could be rejected by the court.
Our experienced injury lawyers have successfully resolved many defective product cases and can help you as well. Contact us for a a free consultation when you are ready to talk about your case with our lawyers.