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How Injury Lawyers Can Help Injuries that cause serious injury can result in thousands, or millions of dollars in medical bills, lost income and reduced quality-of-life. Injury lawyers can guide victims through the complexities of legal processes as well as the confusing medical terms and mounds of paperwork involved. They can also manage communications with insurance adjusters, prepare interrogatories and depositions, and provide expert witness testimony. They also can defend clients against personal injury lawsuits filed by insurance companies that act in bad faith. Medical Malpractice Medical malpractice occurs when a hospital or doctor doesn't treat a patient with the proper care they are entitled to. This can result in serious injury or even death. Medical malpractice cases can be complicated, requiring extensive legal work. Our lawyers are skilled in these types of cases and will fight to get you the compensation you're entitled to. Doctors receive specialized training and satisfy requirements for licensing to ensure they are qualified to treat patients. Even the best-trained doctors can make mistakes that can result in serious injuries or even death to their patients. These errors can be anything from prescribing the wrong drug to putting an object into a patient's body following surgery. In the majority of states there are four elements that must be proved to be successful in a claim for medical malpractice. This involves the existence of an obligation of care from your healthcare provider; breach of that duty by the failure to follow medical standards; a causal link between the breach and your injuries; and a sum of the damages resulting from the injury. Your lawyer will make use of various sources, including expert witnesses to help establish your case. Your lawyer for injury will go through all medical records and hospital records to determine if the injury you sustained was caused by a medical professional's negligence. They will then work closely with medical professionals to determine the source of your injury and tie it to the doctor's actions. It is essential to do this because the defendant's attorney will try and claim that your injuries were caused by pre-existing conditions or a result of an underlying condition. New York state laws tend to protect doctors and hospitals rather than injured patients, and these kinds of cases are often difficult to present to trial. Acting quickly is important because there is a very limited time frame for the filing of a medical malpractice lawsuit. If you believe that you or a loved one might have been victimized by medical malpractice, contact an experienced New York medical malpractice lawyer at the Cochran firm. Auto Accidents Car accidents can be caused by a range of causes, from speeding highway driving to bumper-to-bumper traffic to pedestrians who cross the road. Each of these factors can affect the injuries suffered by accident victims. Therefore, it is important for an injury lawyer to be familiar with the specifics of automobile accidents. This information can be used to assess the extent of damage to property, determine fault, and evaluate the severity of any mental or physical injuries. Additionally, a knowledgeable lawyer in car accidents can be your advocate when dealing with defendants or insurance companies. They will ensure that you don't receive lowball offers, and will ensure that you receive compensation for your losses. This is important because many people who suffer injuries accept the first compensation offer simply out of convenience, or because they believe that it will meet their needs. 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 providing. If your injury lawyer is knowledgeable about the threshold, they will be able to guide you on whether or not you're entitled to more under the state's pure comparative negligence law. Even if you're covered by insurance, it's recommended to consult a seasoned New York City auto accident lawyer as soon as you can. An attorney will handle the paperwork and deadlines so that you can concentrate on your recovery. They can also negotiate with the insurance company on your behalf, and often get you a better settlement than you could have achieved on your own. Keep track of all medical expenses and treatments, along with any income loss or property damages. This will help prove your case and increase the likelihood of a successful outcome. Additionally, it is important to have an expert witness who can prove that your injuries were directly caused by the crash, and not something that happened prior to or after. Premises Liability Injuries that occur on other's property are covered under premises liability cases. These incidents are usually caused by negligence or a lack of care by the property owner. This may include unsafe or defective conditions such as broken elevators or swimming pool accidents and toxic fumes that are not adequately warned about. Insufficient safety or security equipment, such as fire alarms, could also be deemed negligent. To file a successful claim the victims must prove that the property owner had an obligation to keep their premises safe and that they violated this duty. If, for instance, the painter was employed to paint a ceiling and fell from a cracked tile the owner of the property could be held accountable. Other examples of negligence in maintenance might include: The law determines the extent to which a property owner must keep their property in a safe state and is determined by state case precedents. Certain of these guidelines are set by city ordinances and building regulations. The obligation of the property owner is based on the purpose of the visitor as well as his status. A person who is staying in the hotel on business is categorized as an invited guest. This means that the hotel must provide a safe environment for guests, however 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 is required to take reasonable care for his or her own safety. If the victim was considered to be partially responsible for the incident, the amount of compensation awarded will be reduced based on his or her percentage. When choosing an injury lawyer, ask about their experience in handling premises liability cases and whether or not they have won compensation for clients. Also, inquire about Layton injury attorneys of local laws and procedures applicable to your particular case. It's crucial to choose an attorney with a successful track record, particularly when dealing with claims that involve complicated issues and large payouts. Product Liability The laws on product liability specify 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 distributors, retailers, and others involved in its 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 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 goal of a compensation claim is to get you enough money to bring you back to the financial situation you were in prior to the accident. This means covering all costs including lost earnings, destroyed property, medical bills, physical impairments loss of enjoyment of life, emotional distress and loss of consortium. In the majority of claims for product liability lawyers will need to show that the defective item was present in a way after it was removed from the possession or control of the defendant. This could include proving that the item had a defect in its design, manufacture or warning label. Your lawyer might also have to disprove any claim that the defect was caused by improper handling or damage. Also, it is important to keep in mind that statutes of limitations (the time frame within which you can file a suit) apply to product liability cases. This law is designed to ensure that claimants can pursue a case while the evidence and eyewitness memories are still fresh. If you miss the deadline, your claim will be rejected by the court. Our experienced injury lawyers have successfully dealt with numerous defective product cases and are able to assist you as well. Contact us to set up an appointment for a free consultation if you are ready to talk about your case with our attorneys.