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How Injury Lawyers Can Help Injuries that cause serious injury can cost thousands, or even millions of dollars in medical expenses, lost income and a diminished quality of life. Injury lawyers can assist victims navigate the complex legal procedures and confusing medical terminology and a mountain of paperwork. They can also handle communication with insurance adjusters, conduct interrogatories and depositions, as well as provide expert witness testimony. They also assist clients against personal injury lawsuits brought by insurance companies acting in bad faith. Medical Malpractice Medical malpractice is a form of personal injury in which hospitals or doctors fail to provide the required care when treating their patient. This could result in serious injury or even death. Medical malpractice claims can be complicated, requiring an extensive legal process. Our lawyers are experienced in these types cases and will fight for you to get the compensation you deserve. Doctors receive special training and satisfy requirements for licensing to ensure they are qualified to treat patients. However even the best-trained doctors make mistakes that could cause serious injury or death to a patient. These mistakes can range from prescribing the incorrect medication or leaving a foreign object inside the patient's body after surgery. In most states there are four elements which must be proven in order to prevail in a medical negligence claim. This includes the existence of the duty of care owed by your healthcare provider; breach of that duty through an inability to follow medical standards; a causal relationship between the breach and your injuries; and the amount of the damages resulting from the injury. Your lawyer will use various sources including expert witnesses to establish your case. Your lawyer for injury will examine your medical documents and hospital records to determine if the injury you sustained was the result of a medical professional's negligence. Then they will work with medical experts to determine the cause of your injuries and connect them to the actions of your physician. It is crucial to do this as the attorney representing the defendant will try and claim that your injuries were pre-existing, or the result of an underlying medical condition. New York laws are geared more towards protecting doctors and hospitals rather than injured patients. This makes it difficult to bring these cases to trial. Acting quickly is important because there is a very short time limit for filing a medical malpractice claim. Contact an New York medical malpractice attorney at the Cochran Firm If you believe that you or someone you care about could have been a victim of medical negligence. Auto Accidents A myriad of causes can result in car accidents including speeding on the highway, to bumper-to-bumper traffic or pedestrians crossing the street. Each one of these causes could impact the injuries suffered by the victims of an accident. It is therefore important that an injury lawyer be familiar with the details of auto accidents. Having this knowledge can help to determine who is responsible, evaluate property damage and evaluate the extent of 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 receive low-ball offers and that you get compensation for your losses. This is crucial because many injured people will simply choose to accept the first offer out of the convenience of it or because they think that the compensation is enough to cover their expenses. If your injuries are at a degree that New York State deems to be “serious,” then you might qualify for additional compensation beyond what the insurance company is offering. If your injury lawyer is knowledgeable about the threshold they'll be able to guide you on whether or not you're eligible for more compensation under the state's law of pure comparative negligence. Even if you're covered by insurance it is best to consult an experienced New York City auto accident lawyer as soon as you can. An attorney will be able to handle all formalities and deadlines so you can concentrate on healing. They can also negotiate with the insurance company on your behalf, and often get you a better settlement than you could have obtained on your own. Document all medical expenses and treatments, along with any losses in income or property damages. This will increase your chances of success and assist you demonstrate your case. Additionally, it's helpful to have an expert witness who can attest that your injury was directly caused by the accident and not due to something that occurred before or after. Premises Liability Premises liability cases result in injuries that occur on another person's property. These incidents are usually caused by negligence or a lack of care by the property owner. This can be due to unsafe or unsafe conditions like broken elevators or swimming pool accidents and toxic fumes not adequately warned of. A lack of security or safety equipment, like fire alarms, could also be deemed negligent. In order to be successful in claiming the plaintiff must prove that the property owner had a duty to keep their property in a safe condition and that they failed to fulfill this duty. For example when a painter is employed to repair someone's ceiling and falls off a cracked tile, the owner of the property could be held accountable for the injuries. Other instances of negligent maintenance might include: The law determines the extent to which property owners must ensure that their property is in a safe state, and this is defined by state case precedents. Some of these guidelines are also established by city ordinances and building regulations. The responsibility of the property owner is contingent on the visitor's purpose and status. A person who is staying in a hotel for business is considered an invited guest. This means that the hotel must provide a safe space for guests, however it is not as broad as the duty of care that is 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 the victim was found partially responsible for the incident then the amount of compensation is reduced according to the percentage of responsibility. When selecting 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 can also ask whether the lawyer is knowledgeable of local laws and procedures that apply to your situation. It is important to choose an attorney who has an impressive experience of success, especially in cases that involve complex issues and large payouts. Product Liability The laws governing product liability determine the time and manner in which those who suffer from defective products can be compensated for their injuries. Anyone who has been injured by a defective or dangerous product may file a suit against the manufacturer, distributors, and retailers involved in its production. This includes distributors, wholesalers and retailers who sold the product. In This Resource site , people who repair or rebuild products could also be held accountable under certain circumstances. Lawyers who specialize in injury are aware of the rules that govern these cases and will help to ensure that all claims for compensation are legitimate. A qualified attorney can also negotiate on behalf of you with the insurance company. The main objective of a claim for compensation is to secure money to return you to the financial position you were in prior to the accident. This means covering all costs including any loss of earnings, damaged property medical bills, physical impairments loss of enjoyment of life, emotional distress, and loss of consortium. In the majority of product liability cases, your lawyer must prove that the defective product was present when it left defendant's possession or control. It is possible to prove that the item had a defect due to its design or manufacturing process, or a warning label. Your lawyer might also have to disprove any claim that the defect was caused by intermediate handling or damage. It is important to keep in mind that the statute of limitations (the time period during the time you can bring a lawsuit) is applicable to product liability cases. 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 deemed invalid. Our experienced injury lawyers have successfully resolved many defective product cases and are able to assist you as well. Contact us today to schedule a free consultation when you are ready to talk about your case with our lawyers.