Car Accident Lawsuits Many car accident victims pursue compensation for their injuries. This could include the cost of future medical bills damages to property, lost income, and non-economic damages like pain and suffering. Your attorney will then request access to your medical records, as well as any evidence of the accident. This process can take a few weeks or even months. Car Accidents A variety of factors can lead to car accidents for a variety of reasons. Some of them are due to driver negligence, while others are caused by manufacturing defects or unsafe road conditions. While no one can alter what happened in a specific crash, an experienced White Plains car accident attorney can assist victims in obtaining the amount of compensation they are entitled to. In a personal-injury claim the victim may seek a variety of damages. They can be able to claim the past and future medical expenses and lost wages. Future medical expenses could include medical, surgical, physical therapists, and nursing care. Income loss can be paid based on the amount of time that an injury hindered someone from working. A typical settlement will also include damages for suffering and pain. Financial damages can help victims cope with their difficulties however they are not able remove physical pain. During the litigation process, a lawyer will go through all the documentation pertaining to a car accident. Photographs of the scene of the accident along with police reports and witness statements are all part of. The attorneys from both sides will also undergo discovery, where they will request documents and interrogatories from other side. Interrogatories are a series of questions that have to be answered under oath within an agreed upon date. While some cases can be resolved out of court, the majority will be argued in court. During the trial, both sides must present evidence in support and against the plaintiff’s claim. The jury will decide how much compensation is awarded. A car accident case can take several months to settle or reach a verdict, depending on the complexity of a case and the willingness of the parties to bargain. Drivers have a duty to operate their vehicles in a safe way. When they fail to comply with this requirement and cause an accident, they could be held accountable in court for the harm they cause. It is important to hire an experienced lawyer for car accidents. They can make sure that all deadlines are met and that the correct evidence is used in court, ensuring that 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 act directly leads to the victim's premature and unnecessary death. These lawsuits usually are a result of criminal trials in which the at-fault party could be found guilty of a crime that was connected to the death of. Wrongful death claims can be filed by surviving family members or by a personal representative of the estate of the victim. A wrongful-death case must have the same elements as a personal injury case, which includes proof that the defendant owed the victim the duty of care, and did not fulfill that duty. The plaintiff must also show that the defendant's actions or failure to take action caused the death. While it's not possible to bring a wrongful demise claim against someone who has committed an act of murder, you may sue the estate of a loved one who was killed in a car crash or boating accident or workplace accident, or even a plane crash. In these situations, survivors seek compensation for the financial loss and emotional pain they have suffered as a result of the loss of a loved one. There are many factors that can cause an untimely death, including defective products and construction accidents, medical malpractice, and workplace accidents. In https://vimeo.com/709631492 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. A wrongful death suit can be filed if a person dies due to medical malpractice or a doctor's mistaken diagnosis or delayed diagnosis surgical errors, prescription drug mistakes. In these cases, attorneys may have to hire experts to study medical records and data gathered from car sensors, as telephone records. They may also be required to obtain sworn statements from witnesses to prove the facts of the case. These lawsuits require an attorney who has prior experience with wrongful death claims and will do all they can to bring justice to your family. Funeral expenses, loss of income in the future and loss of companionship are all components of the wrongful-death damages. In extreme and rare circumstances, punitive damages can be given to hold the perpetrator accountable for their egregious behavior. Premises Liability Many accidents that occur in Florida and across the country are caused by hazards that occur on the property of an individual. If you or someone you love was injured in a home, retail theater or cinema or in a shopping mall, office or amusement park, or other commercial establishment, the owner of that property may be responsible for your damages. To determine the best way to proceed, you should consult an attorney for personal injury who specializes in premises liability. Falls and slips are the most common reason for accidents on property in the United States. They account for over 8 million emergency room visits every year. The legal basis for a successful premises liability case centers on a property owner's "duty of care." The duty of care refers to the moral and legal responsibilities that someone in your position would bear when they owned or occupied the same place and suffered the same kind of accident. Property owners need to take steps to address any potential safety hazard on their premises and keep their property in reasonably safe condition. This includes checking regularly the property for potential dangers. It also includes repairing or putting up signs that pose a risk and removing hazards that can't be easily fixed. If a danger exists on the property of someone else and you suffer injury the person at fault has breached their duty of care by failing in their duty to maintain a safe environment for visitors. If you suffer injuries due to a breach of duty of care by the person responsible You should seek immediate medical attention. It is also important to begin collecting evidence as soon as you are able. You can use photographs of the scene of the accident, witness statements and your medical records. The more persuasive your claim will be the more evidence you have to offer. The most important piece of evidence is your medical bills. These costs are likely to be used to pay for a variety of medical treatments, medications and physical therapy. If you're unable to return to work due to your injuries, you could be eligible for compensation for the loss of wages. You could be entitled to recover a number of other losses that result from your injuries, such as pain and suffering. In order to receive compensation for these damages, you will need to prove that your injury was directly related to the defendant's actions or inaction. You must be able to show that your injuries were anticipated by the defendant. Medical Malpractice Medical errors can cause serious injuries or even death. If a doctor makes an error that harms the patient, the patient can file a claim for malpractice. These claims are more complex than those arising from the crash of a vehicle, and the risk of losing is greater. A patient must show that a medical professional breached the duty to care within their field of expertise, that the breach resulted in injury to them and that they sustained injuries that were quantifiable. Patients must also demonstrate that the injury had a negative impact on their quality of living. In the majority of cases, a plaintiff seeks compensation for financial losses. In most instances the plaintiff seeks compensation for financial losses. The victim of an injury could also be entitled to other damages, such as pain and suffering or loss of consortium. These are not as tangible, but just as real as the losses that can be quantified. In some cases the case, punitive damages can be awarded. These are intended to punish the person who is responsible for the offending actions such as gross negligence. This kind of conduct could be as simple as knowingly ignoring the signs of cancer or leaving a sponge inside the body of a patient during surgery. The attorney representing the plaintiff will submit a settlement request to the insurance company after all evidence has been collected. The insurance company will look over the claim and make a counteroffer. If the parties cannot reach a consensus on a number during trial then a judge will make the decision. The process of a car accident lawsuit is complex and lengthy, and it differs for every case. You require an experienced attorney to help you receive the justice you deserve. Our lawyers are available to discuss your claim and answer any questions you have. Contact our office today to set up a no-cost consultation.