Many car accident victims pursue compensation for their injuries. This can include medical expenses and any future ones and property damage, as well as lost wages, and other non-economical damages such as suffering and pain.
Your attorney will then request access to your medical records, along with any evidence of the incident. This step can be a long process that can take weeks or months.
Car Accidents
A variety of factors can trigger accidents in cars due to a variety of causes. Some of them are the result of driver negligence, while other are caused by manufacturer defects or unsafe road conditions. While no one can change the events that led to a specific crash, an experienced White Plains car accident attorney can help victims get the amount of compensation they are entitled to.
In a personal injury lawsuit the victim may pursue a range of damages. These include the future and past medical expenses and lost wages. Future medical expenses could include medical, surgical and physical therapists as well as nursing care. Income loss can be paid out based on the length of time that an injury hindered someone from working. A typical settlement will include damages for suffering, pain and other expenses. While financial damages can’t remove physical pain, they can help victims deal with their difficulties.
During the litigation process, an attorney will examine all the evidence related to an accident. Photographs of the scene of the accident law firms as well as police reports, witness statements and statements are all part of. Both sides will be subject to discovery, in which they will ask for documents and interrogatories. Interrogatories comprise a series of questions that need to be answered on oath within a certain timeframe.
While some cases can be resolved out of court, the majority will be argued in court. During the trial, both sides will present evidence in support of and against the plaintiff’s claim. The jury will decide how much compensation is granted. Depending on the complexity of the case and the willingness of both parties to bargain, a car accident case could take a few months or more than a full year to resolve or reach a decision.
Drivers are required to operate their vehicles in a safe way. If they do not follow this and cause an incident or accident, they may be held accountable in court for any injuries they cause. This is why it is crucial to select an experienced car accident lawyer. They will ensure that deadlines are adhered to, and the correct evidence is provided in the courtroom. This will allow victims to receive the most compensation for their losses.
Wrongful Death
In wrongful death cases, family members may sue when someone else’s negligent or intentional decision directly causes the victim’s premature and unintentional death. These lawsuits typically are a result of criminal trials and the person at fault could be found guilty of a crime that was connected to the death of. The wrongful death claim can be filed by surviving family members or by a personal representative of the estate.
A wrongful death claim requires the same elements that are required in personal injury cases and that includes proof that defendant owed the deceased the victim a duty of care and failed to meet the requirements. The plaintiff must also prove that the defendant’s conduct or failure to act caused the death.
While it is not possible to bring a wrongful demise claim against someone who has committed an act of murder, you may sue the estate of a loved one who was killed in a car accident or boating collision or workplace accident, or an airplane crash. In these instances, the survivors seek compensation for the emotional and financial burden they’ve suffered due to the death of a relative.
There are many factors that can cause accidental death, including defective products and medical malpractice, construction accidents and workplace accidents. If someone dies due to a product liability and the manufacturer is held accountable for the death. It could be a dangerous drug or a defective toy or a vehicle. A wrongful death suit can be filed if a person dies as a result of medical negligence, such as misdiagnosis, delayed diagnosis, medical error or prescription drug error.
In these types of cases, lawyers may need to engage experts to study medical records information, car sensor data, and phone records. To establish the facts, they may need to get sworn testimony of witnesses. These lawsuits require an attorney with expertise in wrongful death cases and will do all they can to get justice for your family. Funeral expenses, loss of income in the future, and loss of companionship are all parts of wrongful death compensation. Punitive damages can be awarded in rare and extreme circumstances to punish the perpetrator for their reckless conduct.
Premises Liability
The dangers that a property faces are the reason for a lot of accidents in Florida and throughout the United America. If you or someone loved one was injured at an apartment, a cinema or store or in a shopping mall, office or amusement park, or other commercial establishment, then the owner of that property may be accountable for your loss. To determine the best method to proceed, consult a personal injury lawyer who specializes in premises-liability.
Slips and falls account for more than 8 million emergency room visits each year in the United States alone, and they are the leading reason for accidents on the premises. The legal basis for a successful premises liability case is based on the property owner’s “duty of care.” The duty of care is the moral and legal responsibility that a person in your position would bear if you owned or occupied the same property and suffered the same kind of accident.
Property owners need to take steps to address any potential security risk that could be present on their premises and ensure that their property is in a reasonably safe state. This includes regularly examining their property for any dangers, fixing or displaying any dangerous conditions, and removing dangers that cannot be easily repaired.
If you’re injured on someone’s property because of hazards, the party at fault must have breached its duty of care by failing to provide a safe and secure environment for guests. If you suffer injury because of the at-fault party’s breach of their duty of care, it is essential that you seek immediate medical treatment.
You should also begin collecting evidence as soon as you are able. This can include photos of the site of your accident, witness statements, and your medical records. The more persuasive your claim will be, the more evidence you will be able to provide. The most important piece of evidence is your medical bills. These costs are likely to be used to pay for a variety of treatments, medications and physical therapy. If your injuries have made you unable to work then you’ll need compensation for income loss.
You could also be entitled other losses resulting from your injuries. This includes your suffering and pain. You must prove your injury was directly caused by the defendant’s act or inaction to receive compensation. It is also essential to prove that the defendant was aware of your injuries.
Medical Malpractice
Medical errors can have a wide range of consequences, such as serious injuries and even death. If a doctor commits an error that affects patients, the person who suffers could file a malpractice claim. These claims are more complex than those filed following a car crash and the chance of losing is higher.
A patient must prove that a medical professional breached a duty to care in their field of expertise, that the breach caused injury to them and that they sustained damages that are quantifiable. Patients must also show that the injury caused negative impact on their quality of life.
In the majority of cases, the plaintiff seeks compensation for financial losses. In the majority of instances the plaintiff seeks compensation for financial losses. The victim of an injury could also be entitled to non-economic damages such as pain and suffering or loss of consortium. These are less tangible, however exactly the same as losses that can be quantified.
Depending on the situation in the particular case, punitive damages might be granted. They are meant to punish the person responsible for the offending act for infractions or actions such as gross negligence. Examples of this kind of conduct include putting a sponge inside the patient’s body during surgery or deliberately failing to detect cancer even though it was obvious.
The plaintiff’s attorney will then make a settlement demand to the insurance company when all evidence has been gathered. The insurance company will examine your claim and make an offer. If the parties cannot agree on a number the judge will decide the matter at trial.
The process of a car accident lawsuit can be complicated and long, and differs for every case. It is important to have a seasoned attorney in your corner to help you get the money you are entitled to for your injuries and losses. Our lawyers are ready for you to discuss your case and address any questions you might have. Contact our office today to schedule a free consultation.