“The Personal Injury Compensation Claims Awards: The Best, Worst, And Most Bizarre Things We've Seen
How Injury Lawyers Can Help Serious injuries can cause thousands, or millions in medical bills, lost income, and diminished quality of life. Injury lawyers can assist victims navigate the complex legal process as well as the confusing medical terminology and a mountain of paperwork. They can also handle communication with insurance adjusters, prepare interrogatories and depositions, as well as provide expert witness testimony. They can also defend clients against personal injury lawsuits brought by insurance companies acting in bad faith. Medical Malpractice Medical malpractice is a type of personal injury that occurs when a doctor or hospital fails to meet the standards of treatment for their patient. This can result in serious injury or even death. Medical malpractice-related injuries are often complex and require a significant amount of legal work. Our lawyers are experienced in these types of cases and will fight to get you the compensation you're entitled to. Doctors undergo specialized training and satisfy the requirements for licensure to ensure that they are qualified to treat patients. However even the best-trained doctors can make mistakes that could cause serious injury or death to patients. These mistakes can range from prescribing the wrong medication to leaving an object in the body of a patient following surgery. In the majority of states, there are four elements which must be proven in order to be successful in a medical malpractice claim. This involves the existence of the duty of care owed by your healthcare provider; breach of the duty due to an inability to follow medical standards; a causal connection between the breach and the injuries; and the amount of damages resulting from the injury. Your lawyer will use various sources, including expert witnesses to help prove your case. Your lawyer will examine your medical and hospital records to determine if you suffered an injury as a result of the negligence of the medical professional. They will then collaborate with medical experts to determine the root of your injury and connect it to the doctor's actions. This is crucial since lawyers representing the defendants will try to argue that your injuries are pre-existing 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 cases to trial. There is also a brief period of time to bring a medical malpractice lawsuit, so it's important to act fast. If you suspect that you or someone you love may have been victimized by medical malpractice, you should contact an experienced New York medical malpractice lawyer at the Cochran firm. Auto Accidents Car accidents can be caused by a range of causes, from fast highway driving, bumper-to-bumper traffic and pedestrians crossing the road. Each of these factors has the potential to affect the injuries suffered by accident victims. Therefore, see this page is essential for an injury lawyer to be conversant with the specifics of auto accidents. This information can be used to assess the damage to property as well as to determine fault and evaluate the severity or any physical or mental injuries. In addition, an experienced car accident attorney can represent you when dealing with defendants or insurance companies. They will ensure that you don't get slapped with lowball offers and that you are compensated for all your losses. This is particularly important because many injured people will simply accept the first offer out of convenience or because they think that the amount of compensation will be 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 above and beyond what the insurance company is providing. If your injury lawyer is familiar with the threshold, they will be able to advise you on whether or not you're entitled to additional compensation under the state's strict comparative negligence law. Even if you're covered by insurance it's a good idea for you to consult a seasoned New York City auto accident attorney as soon possible. A lawyer can handle the paperwork and deadlines, so you can focus on your recovery. They can also negotiate with the insurer on your behalf and often get you an amount that is higher than what you could have obtained on your own. It is also essential to keep track of all your medical treatment and expenses and any losses in income or property damage. This will increase your odds of success and allow you to prove your case. It is also helpful to have a witness testify that your injury was the direct result of the accident and not something that occurred prior or following. Premises Liability Premises liability cases are those that result in injuries on another person's property. These incidents are usually caused by the negligence of the property owner. This can include unsafe or unsafe conditions like broken elevators or swimming pool accidents and toxic fumes that are not adequately warned about. In addition, a lack of security or safety equipment like fire alarms could be considered negligent. In order to file a claim that is successful the plaintiff must prove that the property owner was under a duty to keep their premises in safe condition and that they violated this duty. For instance when a painter is employed to repair someone's ceiling and falls from cracks in the tile, the property owner may be held liable for the injuries. Other examples of negligent maintenance could include: State case precedents determine the extent to which property owners have to keep their properties in a safe and secure condition. Some of these guidelines are also established by city ordinances and building regulations. The duty of the property owner is based on the purpose of the visitor as well as his status. For instance, a person who is staying in an establishment for business reasons is usually categorized as an invitee. This means that the hotel needs to provide a safe environment for guests, however it is not as broad as the duty of care that is owed to trespassers. In any accident involving a dangerous property condition the victim is required to take reasonable precautions for his or her own safety. If he or she was considered to be partially responsible for the incident, then the amount of compensation is decreased according to the percentage of responsibility. Ask about the experience of the lawyer in handling premises liability cases, and if they have had success in obtaining compensation for their clients. You should also inquire about the attorney's understanding of local laws and procedures that apply to your case. It is important to choose an attorney with an established experience of success, especially in cases that involve complex issues and large payouts. Product Liability Product liability laws determine the time and manner in which those who suffer from defective products can receive compensation for their injuries. Anyone who has been injured by a defective or dangerous product may file a suit against the manufacturer as well as distributors and retailers involved in its manufacture. Wholesalers, distributors and retailers who sold the item are included in this. In some states, people who repair or rebuild the products could also be held accountable under certain circumstances. Lawyers who specialize in injury are aware of the laws that govern these cases. They will help ensure that your claims for compensation are legal. A experienced lawyer will be able to examine the settlement offer and could be in a position to negotiate with the insurance company on your behalf. The primary objective of a claim for compensation is to get you enough money to bring you back to the financial situation you were in prior to the accident. This means that you will be able to cover all of your expenses including lost earnings, property damage, medical bills, physical impairments loss of enjoyment of life, emotional stress, and loss of consortium. In the majority of cases involving product liability the lawyer must show that the defective product was in existence when it left defendant's control or possession. You may be able to demonstrate that the item suffered a defect due to its design, manufacturing, or warning label. Your lawyer might need to dispel any notion that the defect is by handling errors or damage. Also, it is important to remember that the statutes of limitations (the period in which you are able to file suit) apply to product liability cases. This law is designed to ensure that claimants are able to pursue their case while the evidence and eyewitness memory are fresh. If you miss the deadline, your claim will be rejected by the court. Our injury lawyers have handled a variety of defective product cases successfully, and can assist you as well. If you're ready to discuss your situation with one of our attorneys we invite you to contact us to schedule a free consultation.