Car Accident Lawsuits Many car accident victims pursue compensation for their injuries. This can be in the form of medical bills and property damage, as well as lost income, and non-economic damages like pain and suffering. Your lawyer will begin by seeking access to your medical records and evidence of the accident. This process could take weeks or even months. Car Accidents Car accidents can be caused by a variety of factors. Some of them are the result of driver negligence, while other are the result of manufacturer defect or unsafe road conditions. While no one can change the events that occurred in a particular crash, an experienced White Plains car accident attorney can help victims get the amount of compensation they deserve. There are many kinds of damages an injured victim may pursue in a personal injury case, such as past and future medical expenses and lost wages. Future medical expenses may include medical, surgical physical therapists, nursing care. Income loss can be compensated based on the length of time an injury hindered someone from working. A typical settlement will also provide damages for pain and suffering. While financial damages can't erase the physical pain, they can help victims deal with their difficulties. During the litigation process, a lawyer will go through all the documentation pertaining to an accident. These include photos from the scene as well as police reports witnesses' statements, and more. Both sides will also be subject to discovery, in which they will be requesting documents and interrogatories. Interrogatories are composed of a series of questions that need to be answered on oath within a certain time frame. Most cases are tried. Some cases are resolved outside of court. During the trial, both sides provide evidence in support of the plaintiff's claim. The jury will decide on how the amount of compensation will be awarded. The amount of compensation will depend on the complexity the case and the willingness of both parties to negotiate, a car crash case can take months or more than a year to settle or reach a verdict. Drivers are obliged to operate their vehicles in a safe manner. If they fail to 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 so important to choose an experienced car accident lawyer. They can make sure that all deadlines are met, and the right evidence is presented in court, ensuring victims receive the most compensation for their losses. Wrongful Death In wrongful death lawsuits family members can sue if someone else's negligent or intentional decision directly causes the victim's premature and unintentional death. These lawsuits are typically filed after criminal trials. The party at fault may be found guilty or not guilty of a crime connected to the death. Wrongful death claims can be filed by surviving family members or by a personal representative of the victim's estate. A wrongful death lawsuit requires the same elements as a personal injury lawsuit, which includes evidence that the defendant owed the deceased person an obligation of care and did not fulfill that duty. The plaintiff must also show that the defendant's inability to act or conduct caused the deaths. You cannot sue someone who committed murder. However, you can sue an estate in the event that your loved one was killed in an accident, such as a car crash, boating accident or workplace accident. In these cases, survivors seek compensation for the financial loss and emotional pain they've endured in the wake of the death of a family member. There are a variety of causes for accidental deaths, such as defective products, work-related accidents, as well as medical malpractice. In the event that the victim dies as a result of an issue with a product or manufacturer defect, the company is responsible for the death. This could involve a dangerous drug or toy that is defective, or a vehicle. A wrongful death lawsuit may be filed if someone dies as a result of medical malpractice such as a delay in diagnosis, a misdiagnosis, surgical error or the wrong prescription for a drug. In these types of cases, lawyers may need to hire experts to review medical records, car sensor data and phone records. To establish the facts they might need to obtain sworn statements of witnesses. These lawsuits require an attorney with expertise in wrongful death cases and will do everything to ensure justice for your family. Damages for wrongful death include funeral costs, lost future income, and loss of companionship. Punitive damages may be awarded in very rare and extreme instances to punish the offender for their egregious conduct. Premises Liability Many accidents that happen in Florida and across the nation are caused by hazards that occur on the property of an individual. If you or someone you love was injured in a private home, retail store, movie theatre or hotel, shopping mall or amusement park, office building or other commercial business, the property owner may be liable for your loss. To determine the best method to proceed, consult an attorney for personal injury who specializes in premises liability. Slip and falls account for more than 8 million emergency room visits every year in the United States alone, and they are the most common cause of premises accidents. The legal basis for a successful premises-liability claim is built on the "duty of care" of the property owner. The duty of responsibility is a person's moral and legal responsibilities if they owned or occupied a similar property and had the same incident. Property owners should take steps to address any potential safety risk on their property and keep their property in reasonably safe condition. This means regularly checking their property for any dangers, fixing or displaying any dangerous conditions, and eliminating any hazards that are not easily fixed. If there is a risk on the property of a person and you suffer injury the person at fault must have violated their obligation of care by failing to provide a safe and secure environment for visitors. If you are injured due to a negligence by the person at fault you must seek medical attention immediately. Also, gather evidence as soon as you can. This can include photos of the scene of your accident, witness statements, and your medical records. https://vimeo.com/709634293 can gather to support your claim the stronger your case will be. The most crucial piece of evidence is your medical bills. These expenses are likely to cover a wide range of medications, treatments and physical therapy. If you're not able to return to work because of your injuries, you may also be entitled to compensation for the loss of wages. You may be entitled to recover a number of other losses resulting from your injuries, which includes suffering and pain. You will have to prove your injury was directly caused by the defendant's action or inaction for you to be entitled to compensation. You must be able to prove that your injuries were foreseen by the defendant. Medical Malpractice Medical errors can have wide-ranging consequences, including serious injuries and death. If a doctor commits an error that impacts the patient, the victim could file a malpractice claim. These claims are more complex than those filed following a car accident and the chance of losing is greater. A patient must demonstrate that a medical professional violated the duty to provide care in their specialty, that this breach caused injury to them and they suffered injuries that were quantifiable. Additionally, the patient must demonstrate that the injury has a negative impact on their quality of life. In most cases, the plaintiff seeks compensation for financial losses. In the majority of cases, the plaintiff is seeking compensation for financial losses. In addition, the victim can also claim non-economic damages like pain and suffering and loss of consortium. These are less tangible but equally real as losses that can be quantified. In some instances, punitive damages can be granted. They are intended to penalize the person who has committed an off-putting act which is a violation of the law, for example, gross negligence. Examples of this type of conduct include leaving a sponge in the patient's body during surgery or deliberately failing to detect cancer when it was evident. The attorney for the plaintiff will send a settlement request to the insurance company after all evidence has been collected. The insurance company will look over your claim and then make an offer counter-offer. If the parties cannot reach an agreement on a price at trial the judge will take the decision. A lawsuit for a car accident could be complex and long and the process is specific to each case. It is important to have a seasoned attorney on your side to help you get the money you deserve for your losses and injuries. Our attorneys are available to you to discuss your case and answer any questions that you may have. Call us today to set up an appointment for a free consultation.