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How Injury Lawyers Can Help Serious injuries can cost thousands or millions in medical bills, lost wages and a diminished quality of life. Injury lawyers can help victims navigate the complicated legal procedures, confusing medical terminology, and a mountain of paperwork. They can manage communication with injury claims adjusters, write interrogatories and depositions, and provide expert testimony. They also can defend their clients against personal injury suits brought by insurance companies acting in bad faith. Medical Malpractice Medical malpractice is a form of personal injury in which the hospital or doctor fails to meet the standards of care when treating their patient. This can result in serious injuries or even death. Medical malpractice injuries are often complex and require an extensive legal process. Our lawyers have experience handling these kinds of cases and will fight to get the compensation you deserve. Doctors receive specialized training and satisfy licensing requirements to ensure they are qualified to treat patients. However even the best-trained doctors can make mistakes that can cause serious injury or death to a patient. These errors could range from prescribing a wrong medication to putting an object into a patient's body following surgery. In the majority of states there are four elements that must be proven in order to prevail in a lawsuit for medical malpractice. There must be a legal obligation of your healthcare provider to provide you with the highest possible treatment. This duty cannot be breached by failing to follow medical standards. Your lawyer will employ numerous 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 medical professional's negligence. Then they will collaborate with medical experts to determine the root of your injuries and link them to the physician's actions. It is crucial to do this because the defendant's attorney will try and claim that your injuries were caused by pre-existing conditions, or the result of an underlying condition. New York state laws tend to protect hospitals and doctors over injured patients, so these kinds of cases are often very challenging to bring to trial. There is also a short statute of limitations to file a medical malpractice claim, so it's important to act quickly. Contact an New York medical malpractice attorney at the Cochran Firm if you suspect that you or someone you care about may have been a victim of medical negligence. Auto Accidents Car accidents can be caused by a variety of factors, ranging from fast highway driving, bumper-to-bumper traffic, to pedestrians who cross the road. Each of these factors can impact the injuries that accident victims suffer. This is why it is crucial for an injury lawyer to be acquainted with the particulars of automobile accidents. This information can be used to evaluate the extent of damage to property, determine fault, and evaluate the severity of any mental or physical injuries. An attorney for car accidents who has experience can also serve as your advocate when dealing with insurance companies and defendants. They will make sure that you don't get slapped with low-cost offers and ensure that you are compensated for all the losses. This is crucial because many injured individuals simply choose to accept the first offer out of convenience or because they think that the compensation is likely sufficient to meet their needs. If your injuries are at a level New York State deems to be “serious,” then you may be entitled to additional compensation that is higher than what insurance companies are offering. If your injury lawyer is knowledgeable about the threshold, they will be able to advise you on whether or not you're entitled to more under the state's strict comparative negligence law. Even if you're insured it's recommended to consult an experienced New York City auto accident attorney as soon possible. A lawyer will be able to take care of all paperwork and deadlines so that you can focus on healing. They can also negotiate with the insurer on your behalf, and usually get you an offer that is better than what you could have gotten on your own. Keep track of all medical expenses and treatments, along with any losses in income or property damages. This will increase your odds of success and help you prove your case. It is also beneficial to be able to have a witness testify that your injury was directly caused by the accident and not something that happened before or after. Premises Liability Injuries that happen on someone else's property are covered by premises liability cases. These accidents are typically caused by negligence or a lack of care by the property owner. This could be due to unsafe or faulty conditions, such as broken elevators and swimming pool accidents and toxic fumes that are not adequately warned of. Additionally, a lack of safety or security equipment such as fire alarms could be considered to be negligent. To file a successful claim the plaintiff must prove that the property owner was under an obligation to keep their premises safe and that they failed to fulfill this obligation. For instance, if an employee was hired to paint a ceiling, and fell off a cracked tile, the owner of the property could be held responsible. Other instances of negligent maintenance include: State case precedents define the extent to which property owners have to maintain their properties in a safe condition. Some of these guidelines can also be found in city ordinances and construction regulations. The responsibility of the property owner is contingent on the purpose of the visitor and his status. A person who is staying in an establishment on business is classified as an invited guest. This means that the hotel has to provide a safe environment for guests, however it's not as broad as the duty of care owed to the trespassers. In any accident involving an unsafe property condition the victim is obligated to take reasonable care for his or her own safety. If Recommended Looking at or they are found to be partially responsible for the incident, recovery will be reduced by the percentage of negligence. When choosing an injury lawyer, inquire about their experience in handling premises liability cases and whether or not they have obtained compensation for their clients. Also, inquire about the attorney's understanding of local laws and procedures that apply to your particular case. It's important to select an attorney with an impressive experience of success, especially in cases that involve complex issues and large payouts. Product Liability Product liability laws determine the manner in which victims of defective products can receive compensation for their injuries. Anyone who has been injured due to a dangerous or defective product can file a suit against the manufacturer distributors, retailers, and others involved in its production. Wholesalers, distributors, and retailers who sold the item are included in this. In some states, people who repair or replace products may also be liable under certain conditions. Injury lawyers are aware of the rules that govern these cases and can help ensure that your compensation claims are legitimate. A qualified attorney can also negotiate on your behalf with the insurance company. The main objective of any compensation claim is to provide you with enough money to put you back in the same financial position that you were in prior to the accident took place. This includes covering all costs including lost earnings, destroyed property 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. This could be done by proving that the product was defective in its design, manufacturing, or warning label. Your attorney may also need to negate any inference that the defect was caused by inadequate handling or damage. It is also important to keep in mind that the statute of limitations (the time frame within which you can file lawsuits) applies to cases involving product liability. This law was designed to allow claimants to pursue their case as long as the evidence is still fresh and the eyewitness memories are still vivid. If you miss the deadline, your claim will be rejected by the court. Our injury lawyers have handled many defective product cases successfully, and can assist you as well. Contact us to set up a free consultation when you are ready to discuss your case with our attorneys.