How Injury Lawyers Can Help
Severe injuries can cost thousands or millions - in medical expenses, lost wages and reduced quality of life. Injury lawyers can help victims navigate the complex legal process, confusing medical terminology, and mountains of paperwork.
They can also manage communications with insurance adjusters, conduct interrogatories and depositions, and provide expert witness testimony. They also assist clients from personal injury lawsuits filed by insurance companies that act in bad faith.
Medical Malpractice
Medical malpractice is a kind of personal injury in which the hospital or doctor fails to meet the standards of treatment for their patient. This can result in serious injury or even death. Medical malpractice injuries are often complex and require extensive legal work. Our lawyers have experience handling these types cases and will fight for you to obtain the compensation you deserve.
Doctors receive special training and satisfy requirements for licensing to ensure they are qualified to care for patients. Even Grand Rapids injury lawyer trained doctors are capable of making mistakes that can lead to serious injuries or even death to their patients. These mistakes could range from prescribing the wrong medication to leaving a foreign object in the patient's body after surgery.
In most states, four elements must be proved to be successful in a claim for medical malpractice. This includes the existence of the duty of care owed by your healthcare provider; breach of that duty by an inability to follow medical standards; a causal relationship between the breach and the injuries; and a sum of damages that flow from the injury. Your lawyer will use a variety of sources including expert witnesses to establish your case.
Your lawyer will examine your hospital and medical records to determine if you suffered an injury as a result of the medical professional's negligence. Then, they will work with medical experts to establish the root of your injuries and connect them to the actions of the doctor. This is essential because lawyers for defendants will attempt to argue that your injuries are pre-existing or the result of a different cause, such as 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 cases to trial. Being quick is essential due to the extremely limited time frame for filing a medical malpractice case. If you believe that you or a loved one might be the victim of medical malpractice, you should contact an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
A variety of factors can cause car accidents that range from speeding on the highway to bumper-to-bumper traffic or pedestrians crossing the street. Each of these factors can impact the injuries accident victims suffer. Therefore, it is essential that a lawyer who handles injury claims be aware of the specifics of auto accidents. This knowledge can assist to determine who is to blame, evaluate property damage and determine the extent of any physical or mental injuries.
Additionally, a knowledgeable car accident attorney can represent you when dealing with defendants or insurance companies. They will ensure that you don't receive lowball offers, and will make sure you receive compensation for your losses. This is crucial because many people who are injured take the first offer of compensation because of convenience or because they think it will satisfy 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 lawyer for injury is familiar with the threshold they'll be able to advise you on whether or not you are entitled to more under the state's strict comparative negligence law.
Even if you're covered by insurance it's best to consult an experienced New York City auto accident attorney as soon as you can. An attorney can take care of all the documents and deadlines so you can concentrate on healing. They will also be able to negotiate with the insurance company on your behalf and often secure a greater amount than you would have been able to obtain on your own.
Record all medical expenses and treatments, along with any lost incomes or property damage. This will increase your chances of success and help you demonstrate your case. It is also helpful to be able to have a witness affirm that your injury was directly caused by the accident and not due to something that occurred prior to or after.
Premises Liability
Injuries that occur on other's property are covered under premises liability cases. These incidents are usually caused by the negligence of the owner of the property. This can be due to unsafe or faulty conditions, such as broken elevators and swimming pool accidents and toxic fumes not adequately warned of. Insufficient safety or security equipment, for example, fire alarms, could also be deemed to be negligent.
In order to bring a successful lawsuit against the property owner, the victims must prove that they acted in violation of their duty to maintain the premises in a safe condition. For instance the case where a painter has been employed to repair someone's ceiling and falls from a cracked tile, the property owner may be held liable for the injuries. Other examples of negligent maintenance might include:
The law determines the extent to which a property owner must keep their property in a safe and secure condition and is determined by state case precedents. Some of these guidelines are defined by city ordinances as well as building regulations. The exact responsibilities of property owners varies depending on the visitor's status and purpose to visit the premises.
For instance, a guest who is at an establishment for business reasons is typically categorized as an invitee. This means the hotel is responsible to provide a safe environment for guests, however the responsibility for care is not as broad as that owed to criminals.
In any accident involving a dangerous property condition, the victim is required to take reasonable precautions for his or her own safety. If the victim was found to be partially responsible for the incident, then the amount of compensation is decreased according to the percentage of responsibility.
When choosing an injury lawyer, inquire about their experience in handling premises liability cases and whether or not they have been awarded compensation for their clients. You should also inquire about the attorney's knowledge of local laws and procedures that will apply to your particular case. It is crucial to select an attorney who has a experience of success, particularly with cases that have complicated issues and huge payouts.
Product Liability
The laws governing product liability determine when and how victims of defective products can be compensated for their injuries. Generally speaking, anyone who is injured by a defective or dangerous item can bring a lawsuit against the manufacturer and all those involved in its creation, 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 legitimate. A experienced lawyer will be able to examine the settlement offer and could be capable of negotiating 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 means that you will be able to cover all 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, your lawyer will need to demonstrate that the defective item was present in some way when it left the possession or control of the defendant. This could be by showing that it had a defect in its design, manufacturing, or warning label. Your lawyer might also have to disprove any claim that the defect was caused by inadequate handling or damage.
It is important to keep in mind that the statute of limitations (the time period during which you can start lawsuits) is applicable to product liability cases. This law is designed to ensure that claimants can pursue a case while evidence and eyewitness memories are still fresh. If you do not meet the deadline, your claim will be rejected.
Our injury lawyers have handled many defective product cases successfully, and can assist you as well. Contact us for a an initial consultation for free when you are ready to talk about your case with our attorneys.