Car Accident Lawsuits
Many victims of car accidents seek compensation for their injuries. This can include the cost of existing and future medical bills damages to property, lost income, and non-economic damages such as pain and suffering.
Your attorney will then request access to your medical records, along with any evidence of the accident. This step can take several weeks or even months.
Car Accidents
A variety of causes can lead to car accidents. Certain accidents happen due to driver negligence, while others are caused by defective products or hazardous road conditions. While nobody can alter the events that led to a specific accident, a seasoned White Plains car accident attorney can assist victims in obtaining the justice they deserve.
In a personal-injury claim the victim may seek a variety of damages. They can be able to claim past and future medical costs and lost wages. Future medical expenses can comprise surgery, medication or physical therapists, as well as nursing care. Loss of earnings can be compensated by calculating the amount of time an injury prevented someone from working. A typical settlement also includes damages for suffering and pain. Financial damages can help victims cope with their struggles, even though they cannot eliminate physical pain.
During the lawsuit process, an attorney will examine all evidence in connection with the car crash. This will include photographs from the scene along with police reports and witness statements, among others. Both sides will go through discovery, in which they will ask for documents and interrogatories. Interrogatories comprise a series of questions that have to be answered on oath within a certain timeframe.
While some cases may be resolved outside of court, the majority will go to trial. During this process each side will be able to present evidence in support or against the plaintiff’s claim. The jury will decide on how much compensation is granted. Depending on the complexity of the case and the willingness of the parties to negotiate, a car crash case can take a long time or even more than a year to settle or reach a verdict.
Drivers are responsible for operating their vehicles safely. If they fail to comply with this and cause an incident and cause injury, they could be held accountable in court for any injuries they cause. This is why it is so important to choose an experienced attorney for car accidents. They will make sure that all deadlines are met and the right evidence presented in the courtroom. This will help victims get the maximum amount of 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 are usually brought after criminal trials. The at-fault party may be convicted or not of a crime that was connected to the death. The wrongful death claim can be brought by survivors of family members or a personal representative of the estate of the victim.
A wrongful death case requires the same elements that are required for a personal injury case and includes proof that the defendant owed a deceased person a duty of care and failed meet that standard. The plaintiff must also show that the defendant’s failure to act or omissions caused the deaths.
Although it is not possible to bring a wrongful-death claim against someone who has committed an act of murder, you may sue the estate of a loved one who died in a car crash or boating accident an accident at work or a plane crash. In these instances, the survivors seek compensation for the financial and emotional loss they endured due to the passing of a loved one.
There are many reasons for accidental deaths, such as defective products, construction or medical malpractice. In the event that someone dies due to an item’s liability or manufacturer defect, the company is accountable for the death. It could be a dangerous drug or a defective toy or even a vehicle. A wrongful-death lawsuit can be filed when a person dies as a result of medical malpractice like a misdiagnosis, accidents delayed diagnosis, surgical error or an error in prescription medication.
In these situations, attorneys might need to hire experts to look over medical records and data from car sensors, as telephone records. In order to establish the facts they might have to call on sworn testimony of witnesses. These kinds of lawsuits require a knowledgeable attorney who is experienced in the area of wrongful death. They will take every step necessary to secure justice for your family. Funeral expenses, lost income in the future, and loss of companionship are all parts of wrongful death compensation. Punitive damages may be awarded in very rare and extreme cases to punish the wrongdoer for their infractions.
Premises Liability
The dangers that a property faces are the reason for a lot of accidents in Florida and throughout the United U.S. If you or someone loved one was injured at an apartment, a cinema or store, or at an office, shopping mall, amusement park, or any other commercial establishment, accidents the owner of the property could be responsible for your loss. Consult a personal injury lawyer who is specialized in premises liability to determine the best course of action with your claim.
Slip and falls account for more than 8 million emergency room visits per year in the United States alone, and they are the primary cause of premises accidents. The legal basis for a successful premises-liability claim is based on the «duty of care» of the owner of the property. The duty of responsibility is a person’s moral and legal obligations if they owned or resided in the same premises and suffered the same incident.
Property owners should take steps to appropriately address any possible security risk that could be present on their premises and keep their property in good safety condition. This includes checking regularly the property for potential dangers. Also, it involves fixing or posting hazardous conditions and removing hazards that can’t be repaired easily.
If you are injured on the property of another person due to hazards the party at fault has a breached their duty of care in failing to ensure a safe environment for guests. If you suffer injury due to the at-fault person’s infraction of their duty of care, it is critical that you obtain immediate medical care.
You should also collect evidence as quickly as you can. This can include photos of the location of your accident as well as witness statements and your medical records. The stronger your claim will be the more evidence you can provide. The most important piece of evidence is your medical bills. These expenses are likely to cover a variety of treatments and medications, including physical therapy. If your injuries have made you unable to work, you will also need compensation for your loss of income.
You could also be entitled other losses related to your injuries. This includes your suffering and pain. You will need to prove your injury was directly caused by the defendant’s actions or inaction to claim compensation. You must also prove that your injuries were foreseen by the defendant.
Medical Malpractice
Medical errors can result in a variety of consequences, including serious injuries and death. A malpractice claim is filed by a victim if a medical error can affect them. These cases are typically more complicated than those filed following a car accident and there is a higher likelihood of losing the case.
A patient must prove that the medical professional did not fulfill a duty of care in the field of his or her expertise and that the breach caused injury to the patient and that the injury was measurable in damages. In addition, the patient must prove that the ailment has had a negative effect on their quality of life.
In most cases, the plaintiff seeks compensation for financial losses. This could include hospital bills as well as lost income due to the absence of work, or other tangible costs. The victim of an injury could also be entitled to non-economic damages, such as suffering and loss of consortium. These damages aren’t as tangible however they are just as real as the ones which can be quantified.
In certain cases punitive damages may be given. They are intended to penalize the person who has committed an off-putting act, such as gross negligence. This kind of conduct could be a deliberate failure to detect cancer or putting a sponge in the body of a patient during surgery.
After all evidence has been gathered, the plaintiff’s lawyer will then submit a claim to the insurance company for an amount to settle. The insurance company will examine your claim and then make a counteroffer. If the parties are unable reach an agreement on a price at trial the judge will take the decision.
A car accident lawsuit can be lengthy and complicated and the process can be specific to each case. It is important to have a seasoned attorney on your side to help you get the compensation you are entitled to for your injuries and losses. Our lawyers are ready for you to discuss your case and to answer any questions you might have. Contact our office today to arrange a free consultation.