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How Injury Lawyers Can Help Serious injuries can cost thousands, or even millions of dollars in medical bills, lost income, and a diminished quality of life. Injury lawyers can help victims navigate the complex legal process as well as the confusing medical terminology and a mountain of paperwork. They also manage communication with insurance adjusters, write interrogatories and depositions, as well as provide expert witness testimony. They also assist clients from personal injury lawsuits filed by insurance companies acting in bad faith. Medical Malpractice Medical malpractice is the case when a medical professional or hospital does not treat their patient with the proper care they are entitled to. This could result in serious injury or even death. Medical malpractice cases are often complex and require extensive legal work. Our lawyers have experience handling these kinds of cases and will fight to get the compensation you deserve. Doctors receive specialized training and satisfy the requirements for licensure to ensure that they are qualified to care for patients. Even the most well-trained doctors can make mistakes that could cause serious injury or even death to their patients. These mistakes can range from prescribing a wrong medication to putting an object into the body of a patient after surgery. In most states there are four elements that must be proven in order to prevail in a lawsuit for medical malpractice. This involves the existence of an obligation of care from your healthcare provider; breach of the duty due to a failure to adhere to medical standards; a causal relationship between the breach and your injuries; and a sum of damages resulting from the injury. Your lawyer will use a variety of sources including expert witnesses to establish your case. Your lawyer for injury will go through your medical records and hospital records in order to determine whether the injury you suffered was caused by the medical professional's negligence. Then, Trenton will work with medical experts to establish the root of your injuries and connect them to the actions of the doctor. This is essential because defendants' attorneys will try to claim that your injuries are caused by pre-existing conditions or the result of another factor, such as an underlying health condition. New York state laws tend to protect hospitals and doctors more than injured patients, and these kinds of cases are often very challenging to try. Acting quickly is important because there is a very short time limit for filing a medical malpractice claim. Contact a New York medical malpractice attorney at the Cochran Firm if you suspect that you or someone you love could have been a victim of medical negligence. Auto Accidents A myriad of factors can lead to car accidents, from speeding on the highway to bumper-to-bumper pedestrians or traffic crossing the street. Each of these factors has an impact on the injuries that accident victims suffer. It is therefore essential that a lawyer for injury be aware of the specifics of auto accidents. This information can be used to determine the damage to property, determine fault and assess the severity of any mental or physical injuries. In addition, an experienced lawyer in car accidents can be your advocate when dealing with insurance companies or defendants. They will make sure that you do not get presented with low-cost deals and that you are compensated for all the losses. This is crucial because many injured people take the first offer of compensation just for convenience or because they think it will meet their needs. If you've been the victim of 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 lawyer is familiar with this threshold, he or she can tell you if you are entitled to additional compensation under the state's pure comparative law. Even if you are insured it's a good idea for you to consult a seasoned New York City auto accident attorney as soon possible. A lawyer can take care of the paperwork and deadlines, so that you can concentrate on your recovery. They are also able to negotiate with the insurance company on your behalf, and will often negotiate a better amount than you would have been able to obtain on your own. Keep track of all medical expenses and treatments, as well as any income loss or property damages. This will increase your odds of success and help you prove your case. Additionally, it's important to have an expert witness who can prove that your injury was a direct result of the accident and not due to something that occurred before or after. Premises Liability Premises liability cases involve injuries that occur on the property of another. These accidents are typically caused by negligence on the part the property owner. This may be due to unsafe or faulty conditions, such as broken elevators and swimming pool accidents and toxic fumes that are not properly warned of. In addition, a lack of safety or security equipment like fire alarms could be considered negligent. To file a successful claim the victims must prove that the property owner was under the obligation to maintain their premises in safe condition and that they breached this duty. For example the case where a painter has been employed to repair someone's ceiling and falls due to a damaged tile, the property owner could be held responsible for the injuries. Other examples of negligent maintenance include: The law defines the extent to which property owners must ensure that their property is in a safe and secure condition, and this is defined by state case precedents. Some of these guidelines are established by city ordinances and building regulations. The obligation of the property owner is contingent on the purpose of the visitor and his status. For instance, a person who is staying in the hotel for business reasons is usually categorized as an invitee. This means that the hotel has to provide a safe environment for guests, but it is not as broad as the duty of care that is owed to the trespassers. In any incident that involves a dangerous property condition the victim must take reasonable care to ensure their safety. If he or she is found to be at fault for the incident, recovery will be reduced by the percentage of negligence. Ask about the experience of the lawyer in handling premises liability cases and whether they have been successful in obtaining compensation for their clients. You should also inquire about their knowledge of local laws and procedures that apply to your case. It's crucial to choose an attorney who has a proven track record, particularly when dealing with claims that have complex issues and large payouts. Product Liability The laws governing product liability determine when and how victims of defective products can receive compensation for their injuries. In general, anyone who has been injured by a faulty or dangerous product can file a lawsuit against the manufacturer and others involved in its production and distribution or sale. Distributors, wholesalers, and retailers who sold the product are also included in this. In some states, people who repair or rebuild products could also be held accountable under certain circumstances. Injury lawyers are aware of the rules that govern these cases and can ensure that your compensation claims are valid. An experienced attorney 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 the expenses including lost wages, damaged property, medical expenses physical impairments, emotional distress. In the majority of product liability cases, your lawyer will need to prove that the defective product was present in a way when it left the possession or control of the defendant. This could be done by proving that the product had a defect in its design, manufacture or warning label. Your attorney may need to dispel any claims that the defect was caused due to intermediate handling or damage. It is important to bear in mind that the statute of limitations (the time limit within which you are able to file lawsuits) applies to cases involving product liability. This law is designed to ensure that claimants can pursue a case while the evidence and eyewitness memories are fresh. If you do not meet the deadline, your claim will be deemed invalid. Our injury lawyers have handled a variety of defective product cases successfully, and can help you too. If you're ready discuss your case with one of our attorneys, please contact us to schedule a free consultation.