Car Accident Lawsuits
Many victims of car accidents seek compensation for their injuries. This can include medical bills and any future ones and property damage, as well as lost wages, and other non-economical damages such as pain and suffering.
Your lawyer will start by requesting access to your medical records as well as evidence of the accident. This step can take several weeks or even months.
Car Accidents
Car accidents can be caused by many factors. Some of them are due to driver negligence, while others are the result of manufacturer defect or unsafe road conditions. Although no one can reverse the events that led to a specific accident, a seasoned White Plains car accident attorney can help victims receive the justice they deserve.
In a personal injury lawsuit the victim of an injury can claim a variety damages. These include future and past medical costs and lost wages. Future medical expenses could include medication, surgery physical therapists, nursing care. Loss of income may be compensated based on the length of time an injury caused a person to be unable to work. A typical settlement includes damages for pain, suffering and other losses. While financial damages cannot eliminate physical pain, they can help victims cope with their hardships.
During the lawsuit process an attorney will go through all documents in connection with the car crash. Photos from the scene, police reports and witness statements are all part of. The attorneys of both sides will also undergo discovery, in which they will request documents and interrogatories from other side. Interrogatories are a set of questions that must be answered under oath on the date specified.
The majority of cases will be heard. Certain cases can be settled outside of court. During the trial, both sides will present evidence in support of and against the plaintiff's claim. The jury will then make a decision on the amount of the compensation to be awarded. Based on the difficulty of the case and the willingness of the parties to bargain, a car accident case could take a few months or more than a full year to resolve or reach a verdict.
Drivers are responsible to operate their vehicles in a safe manner. If they fail to do this and cause an accident, they can be held responsible in court for any injuries they cause. This is why it is important to choose an experienced attorney for car accidents. They will make sure that all deadlines are adhered to, and the correct evidence is provided in the courtroom. This will ensure that victims receive the most compensation for their losses.
Wrongful Death
In wrongful-death lawsuits, family members may sue when the negligence or intentional act directly leads to the victim's premature and unnecessary death. These lawsuits usually follow criminal trials and the party at fault may or may not be found guilty of a crime related to the death. The wrongful death claim can be filed by surviving family members or by a personal representative of the estate of the victim.
A wrongful-death claim must have the same elements that are required for personal injury cases and that includes proof that defendant owed a deceased person a duty of care and did not meet the standard. The plaintiff must also show that the defendant's failure to act or conduct caused the deaths.
While it's not possible to bring a wrongful demise claim against someone who committed a crime, you can sue the estate of a loved one who was killed in a car crash or boating collision or workplace accident, or even a plane crash. In these situations, survivors seek compensation for the emotional and financial burden they have suffered as a result of the loss of a loved one.
Numerous factors can result in the death of a victim due to negligence, such as defective products and construction accidents, medical malpractice, and workplace accidents. In the case of a product liability death, the maker of a dangerous or defective drug or toy, or vehicle is held accountable for the victim's death that was caused by accident. A wrongful death lawsuit can be filed if a person dies due to medical negligence for example, a physician's delay in diagnosis or misdiagnosis surgical errors, or prescription drug mistakes.
In these instances, attorneys may need to engage experts to look over medical records and information from sensors in cars, as well telephone records. They may also be required to call upon sworn testimony from witnesses in order to prove the facts of the case. These types of lawsuits require a skilled attorney who is proficient in cases of wrongful deaths and will take every step needed to obtain justice for your family. In the case of wrongful death, damages can be incurred for funeral expenses, future income, and loss of companionship. Punitive damages may be awarded in extremely rare instances to punish the offender for their deplorable conduct.
Premises Liability
The dangers that a property faces can be the cause of many accidents in Florida and across the United US. If you or someone you love was injured in the home, in a retail theater or store or in an office, shopping mall or amusement park, as well as any other commercial establishment, the owner of the property could be accountable for your injuries. To determine the best method to proceed, you should consult a personal injury lawyer who specializes in premises-liability.
Falls and slips account for more than 8 million emergency room visits every year in the United States alone, and they are the leading cause of premises accidents. The legal basis for a successful premises liability claim is based on the property owner's "duty of care." The duty of care refers to the moral and legal obligation that someone in your position would bear in the event that you owned or resided in the same premises and had the same accident.
Property owners are obliged to take appropriate steps to deal with any potential safety hazards that could be present on their property and keep their property in a reasonable safety state. This means regularly examining the property for dangers that could pose a risk. It also includes repairing or putting up signs that indicate hazardous conditions, and removing hazards that can't be easily fixed.
If a danger exists on the property of someone else and you are injured the person at fault has breached their duty of care by failing to maintain a safe and secure environment for visitors. If you're injured because of the negligence by the person at fault you must seek immediate medical attention.
It is also important to begin collecting evidence as soon as you are able. You can gather photos of the scene of the accident or witness statements as well as your medical records. The more convincing your case will be the more evidence you have to offer. Your medical expenses are the most important evidence. These expenses are likely to cover a variety of treatments and medications, such as physical therapy. If your injuries have left you disabled from working and you are unable to work, you'll also require compensation for lost income.
You could also be entitled to claim other losses related to your injuries. This includes your pain and suffering. You must prove your injury was directly caused by the defendant's act or accidents inaction to receive compensation. You must be able to prove that your injuries were foreseeable by the defendant.
Medical Malpractice
Medical errors can lead to serious injuries or even death. A malpractice claim is filed by a victim when a mistake made by a doctor affects them. These claims are more complicated than those filed following an accident and the chance of losing a claim is higher.
A patient must demonstrate that a medical professional violated a duty to care in their field of expertise, that the breach resulted in injuries to them, and that they suffered injuries that were quantifiable. Patients must also prove that the injury had a negative effect on their quality-of-life.
In the majority of cases, a plaintiff seeks compensation for financial losses. These could include hospital expenses loss of income as a result of missing work, and other monetary expenses. The injured victim may also be entitled to non-economic damages such as suffering and loss of consortium. These damages aren't as tangible but they're just as real as the ones that can be quantified.
In some instances there are instances where punitive damages can be given. They are intended to penalize the person who has committed an egregious act which is a violation of the law, for example, gross negligence. This type of conduct can be a deliberate failure to detect cancer or putting a sponge in a patient's body during surgery.
The lawyer for the plaintiff will make a settlement demand to the insurance company after all evidence has been collected. The insurance company will review your claim and offer an offer. If the parties cannot agree on a number then a judge will decide the issue in a trial.
The process of filing a car accident lawsuit is complicated and long, and differs for every case. It is important to have an experienced attorney on your side to help you receive the compensation you are entitled to for your losses and injuries. Our lawyers are available to discuss your claim and answer any questions you may have. Call us today to set up an appointment for a free consultation.