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How Injury Lawyers Can Help Serious injuries can cost thousands or millions in medical expenses, lost wages and diminished quality of life. Injury lawyers can help victims navigate the complex legal process, confusing medical terminology, and mountains of paperwork. They can handle communication with injury claims adjusters, prepare depositions and interrogatories, and give expert testimony. They also assist clients from personal injury lawsuits brought by insurance companies that act in bad faith. Medical Malpractice Medical malpractice is when a hospital or doctor does not treat their patient with the care they should have. This can result in serious injuries or even death. Medical malpractice injuries can be complicated, requiring an extensive legal process. Our lawyers have experience in these kinds of cases and will fight for you to obtain the compensation you deserve. Doctors need to undergo specific training to be able to treat patients. Even the best-trained doctors are capable of making mistakes that can result in serious injuries or even death for their patients. These errors could range from prescribing the wrong drug to leaving an object in a patient's body following surgery. In most states four elements must be proved to be successful in a claim for medical malpractice. This involves the existence of a duty of care by your healthcare provider; breach of that duty through an inability to follow medical standards; a causal link 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 resources including expert witnesses to prove your case. Your lawyer for injury will go through all of your medical records and hospital records in order to determine whether the injury you suffered was caused by a medical professional's negligence. They will then work closely with medical experts to determine the root of your injury and tie it to the actions of the doctor. This is vital because lawyers for defendants will try to claim that your injuries are pre-existing or result from a different reason, like an underlying health condition. New York state laws tend to protect hospitals and doctors over injured patients, and these types of claims are often difficult to present to trial. Acting quickly is important since there is a short statute of limitation for the filing of a medical malpractice lawsuit. Contact a New York medical malpractice attorney at the Cochran Firm if you suspect that you or someone you know could have been a victim of medical negligence. Auto Accidents Car accidents can result from a range of causes, from fast highway driving, bumper-to-bumper traffic to pedestrians crossing the road. Each one of these causes can impact the injuries suffered by the victims of an accident. As a result, it is important for an injury lawyer to be conversant with the particulars of automobile accidents. This knowledge can assist to determine who is responsible and evaluate property damage. It can also help evaluate the severity of any physical or mental injuries. A car accident attorney who is experienced can represent you in dealing with defendants and insurance companies. They will make sure that you are not presented with lowball offers and that you receive compensation for all your losses. This is crucial because many injured people 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 you've suffered an injury that New York State considers “serious,” you may be entitled to additional compensation. This is in addition to the amount the insurance company will pay. If your injury lawyer is aware of the threshold, they will be able to provide you with advice on whether or not you're entitled to additional compensation under the state's pure comparative negligence law. Even if you have insurance and you are insured, it is a good idea to consult with an experienced New York City car accident attorney as soon as possible. A lawyer can take care of the paperwork and deadlines, so you can focus on your recovery. They can also help to negotiate with the insurance company on your behalf and often get you a higher settlement than you would be able to obtain on your own. Record all medical expenses and treatments, along with any losses in income or property damage. This will help to prove your case and increase the likelihood of a favorable outcome. It is also helpful to have a witness who can confirm that your injuries were directly caused by the accident, and not a result of something that occurred prior or following. Premises Liability Premises liability cases result in injuries that occur on the property of a third party. These accidents are typically caused due to negligence on the part of the property owner. This can be due to unsafe or defective conditions such as broken elevators or swimming pool accidents and toxic fumes not adequately warned of. A lack of security or safety equipment, such as fire alarms, could also be considered negligent. In order to be successful in claiming the victims must prove that the property owner owed the obligation to maintain their property in a safe condition and that they breached this duty. If, for example, a painter was hired to paint a ceiling and fell from a cracked tile the property owner may be held responsible. Other examples of negligent maintenance could include: The law determines the extent to which property owners must ensure that their property is in a safe condition and is determined by the state's case precedents. Some of these guidelines are set by city ordinances and building regulations. The exact responsibilities of the property owner is depending on the visitor's status and the reason to visit the premises. A guest staying in a hotel on business is categorized 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 that is owed to those who trespass. In any accident that involves an unsafe property condition, the victim should exercise reasonable care to ensure their safety. However, if he or she is found to be at fault for the incident, recovery will be reduced by his or her percentage of negligence. When selecting an injury lawyer, ask about their experience with premises liability cases and whether or not they've won compensation for clients. You can also ask about the lawyer's knowledge of local laws and procedures that apply to your particular case. It is important to choose an attorney with an established track record of success, especially in claims involving complex issues and large payouts. Product Liability The laws governing product liability define when and how victims can be compensated for injuries caused by defective products. Anyone who has been injured due to a defective or dangerous product may file a suit against the manufacturer as well as distributors and retailers who were involved in its creation. More inspiring ideas includes distributors, wholesalers and retailers who sold the product. In some states, people who repair or rebuild products may also be liable under certain circumstances. Injury lawyers are well-versed in the laws that govern these cases and will help ensure that your claims for compensation are legitimate. An experienced lawyer can also negotiate on your behalf with the insurance company. The primary goal of a compensation claim is to secure money to bring you back to the financial situation you were in prior to the accident. This includes all your expenses, including lost wages, damaged property, medical expenses, physical impairments and emotional stress. In most product liability cases the lawyer must show that the defective product was present in the moment it left the defendant's control or possession. You could prove that the item had a defect due to its design, manufacturing, or warning label. Your attorney may also need to negate any inference that the defect was caused by intermediate handling or damage. It is also important to remember that the statutes of limitations (the period in which you can file suit) apply to cases involving product liability. This law was drafted to permit claimants to pursue their case as long as the evidence is fresh and the eyewitness testimony is still vivid. If you do not meet the deadline, your claim will be denied. Our lawyers for injury have handled a variety of defective product cases successfully, and can help you too. When you are ready to discuss your matter with one of our lawyers, please contact us to set up a no-cost consultation.