When Should a Personal Injury Lawyer Be Used?
If you have been injured in New York due to someone else’s carelessness, you may be wondering when it is appropriate to hire a personal injury lawyer. While every situation differs, certain scenarios almost always necessitate legal assistance.
Auto accidents, defective products, medical malpractice and premises liability cases are just some of the scenarios where having a personal injury lawyer on your side is essential.
Auto Accidents
Car accidents can be a life-altering experience, leaving you feeling physically and emotionally vulnerable. They also often result in significant financial losses such as medical bills, vehicle damage, and lost wages.
A personal injury lawyer can assist you in receiving the compensation that is owed after an auto accident. These attorneys usually work on a contingency basis, meaning they don’t get paid until you receive compensation for your case.
It can be challenging to decide when you need legal counsel after an accident, but there are some telltale signs that may indicate you should consider hiring one. These include difficulty receiving compensation from your insurer, mounting medical bills that you cannot pay off, or questions regarding a settlement offer you received.
First and foremost, it is essential that you seek medical assistance immediately following an accident. Your injuries could be serious, so it’s essential to act swiftly to protect your wellbeing.
Second, collect witness information as soon as possible. Eyewitnesses are essential components in any car accident claim, so making sure they receive their names and contact info is imperative.
Third, document the details of your accident as accurately as possible. Take photos from various angles to document any damage to your car and write down other important information.
Fourth, contact the police to report an accident. A police officer will come out to collect evidence and fill out a police report, so failing to do so can have detrimental effects on your case in the future.
Fifth, submit a claim with your insurance company as soon as possible after an accident. Doing this increases the likelihood that all necessary information will be received by an adjuster in time for you to receive fair compensation.
A qualified auto accident attorney can help you obtain the compensation that is owed after an accident, no matter who was at fault for it. They will assist with filing your claim, receiving any benefits you are eligible for and making sure the insurance company doesn’t try to reduce your payout.
Defective Products
When you or a loved one has been injured due to a defective product, you may be eligible for compensation. Damages can range from monetary awards to noneconomic ones such as pain and suffering.
Defective products occur when a company or individual manufactures, sells or distributes an item that is unreasonably hazardous. This could be due to a manufacturing flaw, design flaw or missing warning labels.
The manufacturer is legally required to ensure their products are secure for customers. If they fail in this duty, you could pursue legal action against them in regards to injuries suffered by you or your family members.
Examples of defective products include lithium-ion batteries that cause fires, children’s toys with small parts that pose choking hazards, and airbags that fail to inflate properly during impact. If you believe you or a loved one was hurt due to a faulty product, contact an attorney right away to explore legal action options.
Defective products are often sold to unsuspecting consumers. To prevail in a product liability case, you must demonstrate that the item in question was dangerous and its defect caused your injury.
In a defective product lawsuit, there are usually three main claims: design defects, manufacturing defects and marketing defects. Each has its own timeline for filing your case, so it is essential that you consult an experienced personal injury lawyer as soon as possible after your accident or the wrongful death of someone you care about.
In New York, there is a statute of limitations on defective products; you must file your complaint within three years after the accident that caused your injury. While this may seem like an extended timeline, it’s essential to get started right away so evidence can be collected quickly. Furthermore, gathering medical records and other documents related to the product is vital if you want to build a strong case against its designer, manufacturer, or distributor.
Premises Liability
When an injury occurs on someone else’s property due to someone else’s negligence, you may be eligible for filing a premises liability claim. A personal injury lawyer can help determine if this is the case for you.
Premises liability is the legal concept that owners of land have a duty to keep their property secure for those who visit it. This includes rectifying dangerous conditions and alerting visitors of known risks that could cause harm.
According to the jurisdiction, this obligation extends protection to guests (invitees), licensees and trespassers. It could even extend protection to a landlord of a building who rents space to a business.
Proving premises liability involves proving that the defendant failed to uphold their responsibility of keeping their property secure for lawful visitors. This typically means they either failed to notice a hazard, failed to address it, or failed to warn visitors of its presence.
Finding a qualified personal injury attorney to represent you can be especially difficult when the owner of the property isn’t local to the victim or didn’t know about the issue until after an accident has taken place. That is why having access to experienced legal counsel from an experienced personal injury attorney is so important; they will assess your case and suggest what steps need to be taken in order to pursue a successful premises liability case.
It is essential to be aware that most states apply what’s known as “contributory negligence” or “comparative fault” when calculating compensation for damages in premises liability cases. This means if the plaintiff was more than 50 percent at fault for their injury, they will not receive any compensation from the defendant.
In many cases, the amount of compensation for damages in a premises liability case will depend on several factors, such as the extent of your injury and whether or not you can recover lost wages. This analysis can be quite complex and subjective, making it difficult to estimate how much a claim is worth without professional guidance from an experienced personal injury attorney.
Medical Malpractice
If you or someone close to you has been the victim of medical malpractice, it’s essential that you speak with a personal injury attorney who can assist. They will give the advice necessary for determining if there is any validity in your claim and help recover compensation for your injuries.
Your case may be heard in either state or federal court, depending on your particular circumstances. A state trial court usually has a judge and jury panel hearing the case; some courts also have a court of appeals which reviews only the decision rendered by the lower court.
Though some medical malpractice cases can be challenging to win, a skilled attorney can often make the difference in securing a fair outcome. A personal injury attorney has the knowledge and skill set to prove that your doctor was negligent and caused you harm as a result.
A personal injury lawyer can also guide you in deciding whether to accept a settlement offer or pursue litigation for full compensation. The amount of financial recovery depends on several factors, including your specific medical bills and how severely your injuries have diminished quality of life.
Most states have statutes of limitations that must be met before filing a medical malpractice case. Missing the deadline could lead to dismissal of your case.
To prove a doctor has failed to meet the standard of care, you must demonstrate that an equally competent medical professional would not have made the same error in similar circumstances. This standard of proof is known as “more likely than not” or “preponderance of evidence”.
Malpractice involving failure to diagnose is the most frequent type of medical error, occurring in 10-20% of doctor-patient interactions. This includes failing to detect heart disease, lung cancer and other serious illnesses.
Medical malpractice claims can arise from mistakes in treatment, such as giving the wrong medication or performing unsuccessful surgery.
A personal injury attorney can review your medical records and other evidence to identify what went wrong. They may also assist in finding expert witnesses who can demonstrate that the treatment you received fell below the standard of care a reasonable physician would have offered.
