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How Injury Lawyers Can Help Injuries that are severe can cost thousands – even millions – in medical expenses, lost wages and a diminished quality of life. Injury lawyers can help victims through the complicated legal processes and medical terminology that can be confusing and piles of paperwork. They can also manage communications with insurance adjusters, conduct depositions and interrogatories, and provide expert witness testimony. They also can defend their clients from personal injury lawsuits filed by insurance companies acting in bad good faith. Medical Malpractice Medical malpractice is a form of personal injury where hospitals or doctors fail to meet the standard of care in treating their patient. This can lead to serious injury and even death. Medical malpractice-related injuries are often complex and require a significant amount of legal work. Our lawyers are skilled in these cases and will fight to get you the compensation you're entitled to. Doctors receive specialized training and must meet requirements for licensing to ensure they are qualified to care for patients. Even the most well-trained doctors can make mistakes that can result in serious injury or even death to their patients. These errors could range from prescribing the wrong medication to leaving an object in the body of a patient following surgery. In the majority of states there are four elements that must be proven to prevail in a lawsuit for medical malpractice. This includes the existence of an obligation of care from your healthcare provider; breach of that duty through the failure to follow medical standards; a causal connection between the breach and your injuries; and the amount of the damages resulting from the injury. Your lawyer will make use of various sources, including expert witnesses to help prove your case. Your lawyer for injury will go over your hospital and medical records to determine if you sustained an injury due to the negligence of the medical professional. Then Recommended Reading will work closely with medical professionals to determine the cause of your injuries and connect them to the actions of the doctor. This is vital because lawyers for defendants will attempt to argue that your injuries are pre-existing or result from a different factor, such as an underlying health issue. New York laws are geared more toward protecting hospitals and doctors rather than injured patients. This makes it difficult to bring these claims to trial. There is also a brief statute of limitations to bring a medical malpractice lawsuit which is why it's imperative to act fast. If you suspect that you or a loved one may be victimized by medical malpractice, speak to an experienced New York medical malpractice lawyer at the Cochran firm. Auto Accidents A myriad of factors can lead to car accidents, from speeding on the highway to bumper-tobumper traffic or pedestrians crossing the street. Each one of these causes could impact the injuries suffered by accident victims. It is therefore essential that a lawyer for injury be familiar with the details of car accidents. Having this knowledge can help to determine who is to blame, evaluate property damage and evaluate the extent of any physical or mental injuries. Additionally, a seasoned car accident attorney can represent you when dealing with insurance companies or defendants. They will ensure that you don't receive lowball offers, and will ensure that you receive compensation for your losses. This is crucial because many injured individuals simply choose to accept the first offer out of the convenience of it or because they think that the compensation is likely enough to cover their expenses. If your injuries are at a level that New York State deems to be “serious,” then you might qualify for additional compensation that is higher than what the insurance company is offering. If your lawyer is knowledgeable about this threshold, he or she will be able to tell you if you're entitled to additional compensation under the state's pure comparative law. Even if you are insured it is advisable to consult with an experienced New York City car accident attorney as soon as you can. A lawyer will be able to take care of all the documents and deadlines so you can concentrate on healing. They will also be able to negotiate with the insurance company on your behalf and can often negotiate a better settlement than you would be capable of obtaining on your own. It is also crucial to record all medical treatment and expenses and any loss of income or property damage. This will increase your chances of success and assist you demonstrate your case. It is also helpful to have a witness testify that your injury was the direct result of the accident, and not a result of something that occurred prior to or after. Premises Liability Injuries that happen on someone other's property are covered under premises liability cases. These incidents are usually caused by negligence or lack of diligence on the part of the property owner. This can be due to unsafe or unsafe conditions, like elevators that have failed, swimming pool accidents and toxic fumes that have not been properly warned about. In addition, a deficiency of security or safety equipment like fire alarms could be considered negligent. In order to file a successful claim against the property owner, the victims must prove that they acted in violation of their duty to keep the property in a safe condition. If, for example, a painter was hired to paint a ceiling and fell off a cracked tile, the property owner could be held responsible. Other instances of negligent maintenance might include: State case precedents establish the extent to which property owners are required to keep their properties in a safe and secure condition. Certain of these guidelines can also be found in the city's ordinances and construction regulations. The responsibility of the property owner is based on the purpose of the visitor and his status. A guest staying in a hotel for business is considered an invited guest. This means that the hotel has to provide a safe space for guests, but it's not as broad as the duty of care that is owed to those who trespass. In any accident involving an unsafe property condition the victim is required to take reasonable care to ensure his or her safety. If he or she was considered to be partially responsible for the incident the amount of compensation awarded will be reduced based on the percentage of blame. When selecting an injury lawyer, ask about their experience handling premises liability cases, and whether or not they've won compensation for clients. Also, inquire about the attorney's knowledge of local laws and procedures applicable to your case. It's important to select an attorney who has a track record of success, particularly with cases that involve complicated issues and huge payouts. Product Liability The laws governing product liability determine the time and manner in which those who suffer from defective products are entitled to compensation for their injuries. In general, anyone who has been injured by a defective or dangerous product may sue the manufacturer and other parties involved in its manufacture distribution, sale, or production. Wholesalers, distributors and retailers who sold the product are also included in this. In certain states, those who repair or rebuild products may be held liable in certain situations. Lawyers who specialize in injury know the rules that govern such cases and can help ensure that your compensation claims are valid. A qualified attorney will know how to evaluate any settlement offer and might be in a position to negotiate with the insurance company on your behalf. The main goal of any compensation claim is to provide enough funds to put you back in the same financial position that you were in prior the accident took place. This includes covering all costs including lost earnings, property damage, physical impairments, medical bills loss of enjoyment of life, emotional distress and loss of consortium. In the majority of cases involving product liability the lawyer must show that the defective product was present when it left defendant's possession or control. It is possible to prove that the item had defects due to its design or manufacturing process, or a warning label. Your lawyer might also have to disprove any notion that the defect was caused by intermediate handling or a deterioration. It is important to bear in mind that the statute of limitations (the time frame within the time you can file an action) applies to product liability cases. The law was created to allow claimants to pursue their case so long as the evidence is still fresh and the eyewitness memories are still vivid. If you fail to meet the deadline, your case will be rejected by the court. Our injury lawyers have handled a variety of defective product cases successfully and can assist you as well. If you're ready discuss your situation with one of our attorneys, please contact us for a free consultation.