Taylah Gagnon asked 3 months ago
Car accident attorneys Lawsuits
Many victims of car accidents seek compensation for their losses. This could include the cost of medical bills as well as property damage, lost income, and other non-economic damages like pain and suffering.
Your attorney will first request access to your medical records, along with any evidence of the incident. This process could take weeks or even months.
Car Accidents
Many factors can lead to car accidents for a variety of reasons. Some instances are due to driver negligence, while others result from manufacturer faults or unsafe road conditions. While nobody can alter the events that led to a specific crash, an experienced White Plains car accident attorney can assist victims in obtaining the just compensation they are entitled to.
There are many types of damages an injured victim could be seeking in a personal injury case, including past and future medical expenses and lost wages. Future medical expenses could include the cost of medication, surgery, physical therapy and nursing treatment. Loss of earnings may be repaid by calculating the length of time that an injury kept the person from working. A typical settlement includes damages for pain, suffering and other losses. While financial compensation cannot completely alleviate physical pain, they can assist victims cope with their hardships.
During the litigation process, a lawyer will review all documents related to a car accident. This will include photographs from the scene, police reports witnesses’ statements, and more. The attorneys of both sides will go through discovery, accident attorney during which they will request documents and interrogatories from other side. Interrogatories are composed of a series of questions to be answered under an oath within the specified timeframe.
While some cases can be resolved out of court, the majority will be argued in court. During the trial, both sides must present evidence in support and against the plaintiff’s claim. The jury will decide on how much compensation is given. A car crash case can take a long time to settle or reach a verdict depending on the complexity of the case and the willingness of the parties to bargain.
Drivers are obliged to ensure their vehicles are operating safely. When they fail to comply with this requirement and cause an accident, they could be held accountable in court for the injuries they cause. It is important to hire an experienced car accident attorney. They will ensure that all deadlines are met, and the right evidence is presented in court, ensuring that victims receive the most compensation for their losses.
Wrongful Death
In wrongful death lawsuits, family members can sue if an unintentional or negligent decision directly causes the victim’s untimely and unnecessary death. These lawsuits typically are a result of criminal trials and the party at fault may or may not be convicted of a crime connected to the death of. In the event of wrongful death, claims can be brought by survivors of family members or by a personal representative of the estate.
A wrongful death claim requires the same elements as a personal injury case and includes proof that the defendant was owed by the deceased the duty of care, and failed to meet that standard. The plaintiff must also demonstrate that the defendant’s actions or failure to act caused the death.
While it is not possible to file a wrongful death claim against someone who committed a murder, you can sue the estate of a loved one who was killed in a car accident, boating accident, workplace accident or even the crash of a plane. In these cases, the surviving family members seek compensation for the emotional and financial losses they’ve suffered as a result of the death of a relative.
Numerous factors can result in wrongful death, including defective products and construction accidents, medical malpractice, and workplace accidents. In the event of a product liability death, the manufacturer of the dangerous or defective drug or product, as well as a vehicle is held responsible for the victim’s death that was caused by accident. A wrongful death lawsuit can also be filed when someone dies due to medical negligence like a doctor’s delayed diagnosis or misdiagnosis surgical errors or prescription drug mistakes.
In these cases, the attorneys might need to hire experts to study medical records, data from car sensors, as well as phone records. To verify the facts they might need to rely on the sworn testimony of witnesses. These lawsuits require an attorney with prior experience with wrongful death claims and will do everything to ensure justice for your family. Funeral expenses, income loss in the future and loss of companionship are all components of wrongful death damages. In extreme and rare situations, punitive damages could be granted to hold the culprit accountable for their behavior.
Premises Liability
Hazards on a property can be the cause of many accidents in Florida and throughout the United US. If you or someone you care about was injured in the home, in a retail theater or store, or at a shopping mall, office, amusement park, or other commercial establishment, the owner of that property may be accountable for your damages. Contact a personal injury attorney who is experienced in premises liability, for advice on how to proceed with your claim.
Slip and falls are responsible for more than 8 million emergency room visits per year in the United States alone, and they are the most common cause of accidents at the property. The legal basis of a successful premises-liability case is built on the “duty of care” of the owner of the property. The obligation of responsibility is a person’s moral and legal obligations if they owned or occupied an identical property and experienced the same incident.
Property owners need to take steps to address any potential safety hazard on their premises and maintain their property in a safe and secure condition. This includes checking regularly their property for potential hazards, repairing or posting any hazardous conditions, and then removing any hazards that are not easily repaired.
If there is a risk on the property of a person and you are injured the responsible party has breached their duty of care by failing in their duty to maintain a safe and secure environment for visitors. If you sustain an injury because of the at-fault party’s breach of their duty to care, it is critical that you seek medical treatment.
You should also begin collecting evidence as soon as you can. You can make use of photos of the scene of your accident, witness statements and your medical records. The stronger your claim will be the more evidence you will be able to provide. The most important piece of evidence is your medical bills. These expenses are likely to cover a wide range of treatments, medications and physical therapy. If your injuries made you not able to work, you will also need compensation for lost income.
You may be entitled to claim other losses that stem from your injuries, including your pain and suffering. You will have to prove your injury was directly caused by the defendant’s action or inaction to claim compensation. You will also need to prove that the defendant was aware of your injuries.
Medical Malpractice
Medical errors can have wide-ranging consequences, including serious injury and death. A malpractice claim is filed by a victim when a mistake made by a doctor impacts them. These claims are often more complex than those filed following a car crash, and carry a greater likelihood of losing the case.
A patient must demonstrate that the medical professional violated the duty of care in his or her specialty and that the breach resulted in injuries to the patient, and that the injury was measurable in terms of damages. Patients must also prove that the injury had a negative impact on their health.
In most cases, the plaintiff seeks compensation for financial losses. In most instances, the plaintiff is seeking compensation for financial losses. The injured victim may also be entitled to non-economic damages such as pain and suffering or loss of consortium. These damages are less tangible, but they are just as real as those that can be quantified.
In some cases there are instances where punitive damages can be awarded. These are intended to punish the perpetrator for their egregious behavior, such as gross negligence. Examples of this kind of behavior include putting a sponge in the patient’s body during surgery or purposely failing to diagnose cancer even though it was evident.
The plaintiff’s attorney will then submit a settlement demand to the insurance company when all the evidence is collected. The insurance company will then review your claim and offer an offer counter-offer. If the parties are unable to agree on a specific number, a judge will decide the issue at trial.
A lawsuit for a car accident could be a lengthy and complex process, and the process is different for every case. You need a seasoned lawyer to help you obtain the justice you deserve. Our attorneys are available to you to discuss your case with you and answer any questions you might have. Contact our office now to schedule a complimentary consultation.