How Injury Lawyers Can Help
Severe injuries can cost thousands or millions of dollars in medical bills, lost wages, and diminished quality of life. Injury lawyers can help victims navigate the complex legal procedures as well as the confusing medical terminology and mountains of paperwork.
They are able to handle communications with injury claims adjusters, draft depositions and interrogatories, as well as give expert testimony. They can also defend their clients from personal injury suits brought by insurance companies acting in bad faith.
Medical Malpractice
Medical malpractice is a form of personal injury in which a doctor or hospital fails to provide the required care in treating their patient. This could result in serious injury or even death. Medical malpractice cases can be complicated, requiring an extensive legal process. Our lawyers are experienced in these kinds of cases and will fight for you to receive the compensation you're entitled to.
Doctors receive specialized training and meet the requirements for licensure to ensure that they are competent to treat patients. However, even the most well-trained doctors can make mistakes that can cause serious injury or even death for the patient. These errors could range from prescribing the wrong drug to leaving an object in the body of a patient following surgery.
In most states, four elements must be proven in order to prevail in a lawsuit for medical malpractice. This involves the existence of the duty of care owed by your healthcare provider; a breach of the duty due to a failure to adhere to medical standards; a causal connection between the breach and your injuries; and an amount of damages that flow from the injury. Your lawyer will make use of a variety of sources including expert witnesses to 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 negligence of the medical professional. They will then work with medical experts to determine the root of your injury and tie it to the actions of the doctor. This is vital since lawyers representing the defendants will try to argue that your injuries are caused by pre-existing conditions or the result of a different reason, like an underlying health issue.
New York laws are geared more towards protecting doctors and hospitals than injured patients. This makes it difficult to bring these claims to trial. There is also a brief period of time to bring a medical malpractice lawsuit which is why it's imperative to act quickly. If you suspect that you or someone you love may have been victimized by medical malpractice, speak to an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A wide range of causes can result in car accidents that range from speeding on the highway, to bumper-to-bumper pedestrians or traffic crossing the street. Each one of these causes has the potential to impact the injuries suffered by accident victims. It is therefore important that a lawyer for injury be knowledgeable about the specifics of auto accidents. This knowledge can be used to determine the extent of damage to property, determine fault, and evaluate the severity of any physical or mental injuries.
A lawyer for car accidents who is experienced can serve as your advocate when dealing with insurance companies and defendants. They will ensure that you do not get presented with low-cost deals and that you are compensated for all your losses. This is particularly important because many injured individuals simply accept the first offer out of convenience or because they think that the compensation is enough to cover their expenses.
If your injuries are at a degree that New York State deems to be "serious," then you may be entitled to additional compensation that is higher than what the insurance company is providing. If your lawyer is familiar with this threshold, they will be able to tell you if you're entitled to additional compensation under New York's strict comparative law.
Even if you're insured it is a good idea for you to speak with an experienced New York City auto accident attorney as soon as you can. A lawyer will be able to handle all documents and deadlines so you can concentrate on healing. They will also be able to negotiate with the insurance company on your behalf, and will often secure a greater settlement than you would be capable of obtaining on your own.
It is also essential to document all your medical treatment and expenses, as well as any losses in income or property damage. This will aid in proving your case and increase your chances of a successful outcome. Additionally, it's helpful to have an expert witness who can confirm that your injury was directly caused by the crash and not something that happened prior to or after.
Premises Liability
Injuries that occur on else's property are covered by premises liability cases. These accidents are typically caused due to negligence on the part of the property owner. This could be due to unsafe or defective conditions such as broken elevators or swimming pool accidents and toxic fumes that are not adequately warned of. In addition, a lack of safety or security equipment such as fire alarms can be considered negligent.
In order to file a claim that is successful, victims must show that the property owner had a duty to keep their property in a safe condition and that they violated this duty. If, for instance, an employee was hired to paint a ceiling and fell from a cracked tile the property owner could be held responsible. Other instances of negligence in maintenance could include:
State case precedents establish the extent to which property owners must maintain their properties in a safe and secure condition. Some of these guidelines are established by city ordinances and building regulations. The exact duty of property owners varies dependent on the status of the visitor and purpose for visiting the premises.
For instance, a person who is in a hotel for business purposes is usually classified as an invitee. This means the hotel is responsible to provide a safe environment for guests, however the duty of care isn't as broad as that owed to criminals.
In any accident involving a dangerous property condition, the victim is required to exercise reasonable care for his or her own safety. If the victim was considered to be partially responsible for the incident then the amount of compensation awarded will be decreased according to the percentage of responsibility.
Ask about the expertise of the lawyer handling premises liability cases, and if they have had success in getting compensation for their clients. You can also ask whether the lawyer is knowledgeable of local laws and procedures that will apply to your situation. It is important to choose an attorney who has an established experience of success, especially with claims involving complex issues and large payouts.
Product Liability
The laws governing product liability define when and how victims can get compensation for injuries incurred by defective products. Anyone who has suffered injury as a result of a dangerous or defective product can file a suit against the manufacturer as well as distributors and retailers involved in its manufacture. Denver injury lawyers includes wholesalers, distributors, and retailers who sold the product. In some states, those who repair or replace products can be held liable in certain situations.
Lawyers who specialize in injury are aware of the laws that govern these cases. They will help to ensure that all claims for compensation are legitimate. An experienced lawyer can also negotiate on behalf of you with the insurance company. The main goal of any compensation claim is to give you enough money to place you in the same financial situation that you were in before the accident took place. This means that you will be able to cover all of your expenses, including any loss of earnings, damaged property, physical impairments, medical bills, loss of enjoyment of life, emotional stress, and loss of consortium.
In the majority of claims for product liability the lawyer you hire will have to demonstrate 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 item had a defect in its design, manufacturing, or warning label. Your lawyer might need to dispel any notion that the defect was caused by handling errors or damage.
It is important to bear in mind that the statute of limitations (the time limit within which you are able to bring lawsuits) applies to cases involving product liability. This law is designed to allow claimants to pursue their case while the evidence and eyewitness memories are fresh. If you fail to meet the deadline, your claim will be deemed invalid.
Our skilled injury lawyers have successfully dealt with many cases involving defective products and can help you as well. Contact us for a an appointment for a free consultation if you are ready to talk about your case with our attorneys.