Many victims of car accidents seek compensation for their damages. This could include medical bills and future ones as well as property damage, lost wages, and other non-economical damages like pain and suffering.
Your attorney will first request access to your medical records, as well as any evidence of the incident. This step can take several weeks or even months.
Car Accidents
Car accidents can result from many different causes. Some accidents happen due to driver negligence, others by defective products or unsafe road conditions. While no one can change the outcome of an accident However, an experienced White Plains car crash attorney can assist victims in receiving the amount they deserve.
In a personal injury case, an injured victim can claim a variety damages. They can be able to claim past and future medical costs and lost wages. Future medical expenses can include the cost of medication or surgery, physical therapy and nursing treatment. Income loss can be paid based on the amount of time that an injury caused a person to be unable to work. A typical settlement will also include damages for suffering and pain. Financial damages can help victims deal with their struggles however they are not able alleviate physical pain.
During the lawsuit process an attorney will go through all documents related to the car accident compensation claim. This will include photos taken at the scene as well as police reports witnesses’ statements, and accident lawsuits more. The attorneys of both sides will also go through discovery, where they will seek documents and interrogatories from other side. Interrogatories are composed of a series of questions to be answered under an oath within the specified time frame.
While some cases may be resolved outside of court, most will be argued in court. In this trial each side will argue their case in favor of and against the plaintiff’s claim. The jury will decide how the amount of compensation will be to be awarded. A car accident case may take a long time to resolve or reach a decision, according to the complexity of a case and the willingness of the parties to bargain.
Drivers have a duty to operate their vehicles in a safe manner. If they fail to follow this rule and cause an accident compensation claims, they could be held accountable in court for the harm they cause. It is important to hire an experienced car accident lawyer. They will ensure that deadlines are adhered to, and the proper evidence is presented in court. This will ensure that victims get the maximum amount of amount of compensation for their losses.
Wrongful Death
In wrongful death lawsuits family members can sue if an innocent or negligent act directly leads to the victim’s premature and unnecessary death. These lawsuits usually are a result of criminal trials and the party at fault could be convicted of a crime related to the death of. The surviving family member or personal representative of the victim could bring a claim for the wrongful death of the victim.
A wrongful-death case must have the same elements as a personal injury case, including evidence that the defendant was owed by the deceased a duty of care but failed to uphold that standard. The plaintiff must also demonstrate that the defendant’s failure to act or omissions caused the wrongful deaths.
You are not able to sue a person who has committed a crime. However, you can sue an estate in the event that your loved one died in a collision, such as an automobile crash, boating accident, or a workplace accident. In these cases, survivors are seeking compensation for the financial and emotional loss they endured due to the death of a loved one.
There are many reasons for wrongful deaths, including defective products, construction and medical malpractice. In the event of a product liability death, the manufacturer of a dangerous or defective drug or unsafe toy is held accountable for the victim’s death that was caused by accident compensation. A wrongful death lawsuit may be filed when a person dies as a result of medical malpractice like a delay in diagnosis, a misdiagnosis, medical error or the wrong prescription for a drug.
In these types of cases, attorneys might need to engage experts to study medical records information, car sensor data, and phone records. They may also be required to obtain sworn statements from witnesses to establish the facts of the case. These lawsuits require an attorney who has years of experience handling wrongful death lawsuits and will do everything possible to bring justice to your family. Wrongful death damages include funeral expenses, loss of future income and lost companionship. Punitive damages may be awarded in very rare and extreme circumstances to punish the perpetrator for their infractions.
Premises Liability
Property hazards can be the cause of many accidents in Florida and throughout the United America. If you or a loved one suffered injuries at a private home, retail store, movie theatre, hotel, shopping mall, amusement park, office building or another commercial business the owner of the property could be responsible for your losses. Consult a personal injury lawyer who is skilled in premises liability to determine the best way to proceed with your claim.
Slip and falls account for more than 8 million emergency room visits each year in the United States alone, and they are the most frequent cause of premises accidents. The legal basis of a successful premises-liability claim is built on the «duty of care» of the property owner. The duty of care is a person’s moral and legal obligations if they owned or resided in the same property and suffered the same accident.
Property owners are required to take reasonable steps to eliminate any potential security hazards on their premises, and maintain their property in a decently safe state. This includes checking regularly their property for potential dangers, repairing or Accident lawsuits posting any hazardous conditions, and then removing any hazards that are not easily repaired.
If there is a risk on a person’s property and you are injured the person at fault must have violated their obligation of care by failing in their duty to maintain a safe environment for visitors. If you suffer injuries because of the breach of duty of care by the responsible party you should seek immediate medical attention.
You should also begin collecting evidence as soon as you are able. This could include photographs of the scene of your accident along with witness statements, as well as your medical records. The more evidence you can gather to support your claim the stronger it will be. Your medical bills are the most significant evidence. These costs will likely cover a variety of treatments and medications, such as physical therapy. If your injuries have left you in a position of no work or work, you’ll also need compensation for your loss of income.
You could also be entitled to compensation for other losses that result from your injuries. This includes your pain and suffering. You will need to prove your injury was directly resulted from the defendant’s actions or inaction to receive compensation. You must also show that the defendant was aware of your injuries.
Medical Malpractice
Medical errors can cause grave injury or even death. A malpractice claim is filed by a victim when a mistake made by a doctor affects them. These claims are more complex than those made after an accident law firm, and the risk of losing is higher.
A patient must prove that a medical professional breached a duty to care in their specialty, that this breach caused injury to them and that they suffered damages that were measurable. Patients must also show that the injury had a negative impact on their health.
In the majority of cases, the plaintiff seeks compensation for financial losses. This could include hospital costs as well as lost income due to the absence of work, or other tangible expenses. In addition, the injured victim may also claim non-economic damages, such as pain and suffering and loss of consortium. These damages are not as tangible but they are as real as the ones which can be quantified.
In certain circumstances the punitive damages could be awarded. These are intended to punish the perpetrator for their egregious acts of gross negligence. Examples of this kind of behavior include leaving a sponge in the patient during surgery, or purposely failing to diagnose cancer when it was obvious.
The attorney representing the plaintiff will submit a settlement request to the insurance company when all the evidence is collected. The insurance company will then review the claim and issue an alternative offer. If the parties are not able to reach a consensus on a number, a judge will decide the matter at trial.
A lawsuit for a car accident could be lengthy and complicated and the procedure is specific to each case. It is essential to have an experienced lawyer to help you get the amount of compensation you deserve. Our lawyers are ready for you to discuss your case and address any questions you might have. Contact our office now to schedule a complimentary consultation.