How Injury Lawyers Can Help
Injuries that are severe can cost thousands - even millions of dollars in medical expenses, lost wages and reduced quality of life. Injury lawyers can guide victims through the complicated legal processes as well as the confusing medical terms and piles of paperwork.
They can manage communication with injury claims adjusters, draft depositions and interrogatories, as well as provide expert testimony. They also can defend their clients against personal injury lawsuits brought by insurance companies who act in bad good faith.
Medical Malpractice
Medical malpractice is when a doctor or hospital doesn't treat a patient with the care they should have. This can cause serious injury or even death. Medical malpractice injuries are often complex and require an extensive legal process. Our lawyers have experience in these types cases and will fight for you to secure the compensation you deserve.
Indianapolis injury lawyer must receive special training in order to treat patients. However, even the most well-trained doctors make mistakes that can cause serious injury or even death for patients. These errors could range from prescribing the wrong drug to putting an object into a patient's body following surgery.
In most states there are four elements that must be proven to win a claim for medical malpractice. This involves 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 resulting from the injury. Your lawyer will employ numerous resources, including expert witnesses to to prove your case.
Your injury lawyer will review your hospital and medical records to determine if you suffered an injury as a result of the negligence of a medical professional. Then, they will collaborate with medical professionals to determine the reason for your injuries and link them to the actions of the doctor. This is vital because lawyers for defendants will try to argue that your injuries are caused by pre-existing conditions or result from a different reason, like an underlying health condition.
New York state laws tend to favor protecting hospitals and doctors over injured patients, and these types of claims are often difficult to bring to trial. There is also a short time limit to bring a medical malpractice lawsuit and it's crucial to act swiftly. If you suspect you or a loved one may have been the victim of medical malpractice, speak to an experienced New York medical malpractice lawyer at the Cochran firm.
Auto Accidents
Car accidents can result from a variety of factors, from the speed of highway driving to bumper-to-bumper traffic and pedestrians who cross the road. Each factor could impact the injuries suffered by accident victims. As a result, it is important for an injury lawyer to be familiar with the particulars of auto accidents. This information can be used to evaluate the extent of damage to property, determine fault, and evaluate the severity or any physical or mental injuries.
In addition, an experienced lawyer for car accidents can also represent you when dealing with insurance companies or defendants. They will ensure that you do not get presented with lowball offers and that you are compensated for all the losses. This is important because many people who are injured choose to accept the first compensation offer simply out of convenience, or because they believe that it will satisfy their needs.
If your injuries are at a level New York State deems to be "serious," then you could be eligible for compensation beyond what the insurance company is offering. If your injury lawyer is knowledgeable about the threshold, they will be able to guide you on whether or not you are eligible for more compensation under the state's pure comparative negligence law.
Even if you are insured it is recommended to speak with a seasoned New York City car accident attorney as soon as possible. A lawyer can handle all the documents and deadlines so you can focus on healing. They can also negotiate with the insurance company on your behalf and often get you an amount that is higher than what you could have achieved on your own.
Record all medical expenses and treatments, as well as any lost incomes or property damages. This will increase your chances of success and help you establish your case. 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 occurred 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 lack of care by the property owner. This can be due to unsafe or defective conditions such as broken elevators, swimming pool accidents, and toxic fumes that are not adequately warned of. Insufficient security or safety equipment, for example, fire alarms, may 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. For instance, if the painter was employed to paint a ceiling, and fell through a cracked tile the property owner could be held responsible. Other instances of negligence in maintenance might include:
State case precedents establish the extent to which property owners must keep their properties in a safe and secure condition. Certain of these guidelines are also defined by city ordinances as well as building regulations. The specific responsibilities of property owners varies according to the status of the visitor and the reason to visit the premises.
For instance, a guest who is in an establishment for business reasons is usually classified as an invitee. This means that the hotel must provide a safe environment for guests, but it's not as broad as the duty of care that is owed to those who trespass.
In any accident that is a result of an unsafe property condition, the victim should exercise reasonable care to ensure his or her safety. If he or she is found to be partially at fault for the accident the recovery will be diminished by the proportion of negligence.
Ask about the experience of the lawyer handling premises liability cases and if they have succeeded in obtaining compensation for their clients. Also, inquire whether the lawyer is knowledgeable of local laws and procedures that will apply to your case. It's important to select an attorney with a track record of success, especially in claims involving complicated issues and huge payouts.
Product Liability
The laws on product liability specify the manner in which victims can receive compensation for injuries caused by defective products. In general, anyone who has been injured by a faulty or dangerous item can bring a lawsuit against the manufacturer and other parties involved in its manufacture and distribution or sale. This includes distributors, wholesalers and retailers who sold the product. In certain states, those who repair or rebuild the products could also be held accountable under certain conditions.
Injury lawyers are aware of the rules that govern such cases and can help ensure that your compensation claims are legitimate. In addition, a competent lawyer will be able to evaluate a settlement offer and may be in a position to negotiate with the insurance company on your behalf. The main purpose of a compensation claim is to secure money to bring you back to the financial position you were in prior to the accident. This includes covering all of your expenses, including any lost earnings, destroyed property, physical impairments, medical bills loss of enjoyment life, emotional stress, and loss of consortium.
In the majority of product liability cases lawyers must demonstrate that the defective product was in existence in the moment it left the defendant's control or possession. You may be able to demonstrate that the item suffered defects due to its design, manufacturing, or warning label. Your attorney may need to dispel any notion that the defect was caused by handling errors or damage.
Also, it is important to keep in mind that statutes of limitations (the period in which you can file a suit) apply to product liability cases. This law was drafted to allow claimants to pursue their case in the event that the evidence is fresh and the eyewitness testimony is still vivid. If you do not meet the deadline, your claim could be rejected by the court.
Our experienced injury lawyers have successfully handled numerous defective product cases and are able to assist you as well. When you are ready to discuss your case with one of our attorneys, please contact us to set up a no-cost consultation.