Personal Injury Lawyer Bristol helps clients recover damages from someone else’s negligent actions. Damages can include medical expenses, property damage, lost wages, pain and suffering, and more.
Thoroughly reviewing evidence and establishing liability is vital for a successful case. This includes obtaining medical records, conducting interviews, and consulting experts.
Medical malpractice is a type of personal injury when a healthcare professional acts negligently. Medical malpractice lawsuits seek compensation for a victim’s losses and expenses like other personal injury claims.
A person who files a medical malpractice claim can receive damages for their past and future medical expenses, lost wages, and pain and suffering. The person also can receive compensation for loss of consortium, which covers the loss of companionship and affection that results from a permanent injury or illness.
The most significant difference between medical malpractice cases and other personal injury claims is the requirement to establish that a doctor or healthcare provider acted negligently. This is a difficult burden to meet, since most doctors are well-protected by their hospitals and their insurance companies. Moreover, many medical mistakes are not apparent to non-medical professionals. Consequently, it is important to hire a Bronx medical malpractice lawyer who can thoroughly review your case and establish negligence on the part of the medical provider.
In addition to establishing that a medical professional acted negligently, the plaintiff must demonstrate that the error caused their injuries. This includes proving that the medical mistake led to the development of new, unforeseen symptoms and complications.
Medical malpractice lawsuits are more complicated than other types of personal injury claims because they often require expert witnesses to testify. Medical experts must explain to the jury what the standard of care would have been in a similar situation and how the doctor deviated from this standard. This is an entirely different approach than a typical personal injury case, where expert testimony is rarely necessary. In addition, most states require that a medical malpractice lawsuit contain an affidavit of merit prior to filing. This sworn statement from a physician must establish that the plaintiff has a credible claim for malpractice.
Auto Accidents
Often, people who suffer auto accidents will seek compensation from insurance companies, but the amount they receive may be significantly less than what their case is really worth. A personal injury lawyer can help victims fight for full and fair compensation for their losses.
A personal injury attorney will examine the accident and gather evidence like witness statements, police reports and pictures of the crash scene. He or she can also consult with experts to get a better idea of the extent of an injured person’s damages. This can include estimating future medical expenses, home health or assistance costs, and lost future earnings. It can also involve valuing pain and suffering.
It’s important that a person who is injured in an accident contact a personal injury lawyer as soon as possible. This ensures that a victim’s case is filed in a timely manner, which gives them the best chance of receiving a maximum settlement for their injuries and financial loss.
In New York, car accident victims can also rely on a personal injury lawyer to help them file a lawsuit against the negligent driver who caused their injuries. This includes cases involving single vehicle crashes, as well as collisions with walls, fire hydrants and other objects.
If an injury victim has a pre-existing condition, that can have a negative impact on their ability to secure enough compensation to cover all of their damages. This is because a defendant can argue that the victim’s pre-existing condition made their recent injury worse. It is important that an injury victim not discuss their pre-existing conditions with insurance representatives or anyone else. They should instead seek a consultation with an experienced injury lawyer before making any decisions that could affect their claim.
Slip and Fall Accidents
If you fall on someone else’s property and are injured, you may be entitled to a fair settlement. This compensation can help cover medical bills and living expenses. A personal injury lawyer can help you understand your rights and make sure that any settlement you receive adequately covers your injuries.
A slip and fall accident can be devastating. The impact of a fall can cause broken bones, head trauma, and other serious injuries. Your medical bills can quickly add up and a full recovery from your injuries could take years. Injuries resulting from a fall can also result in lost income. An experienced NYC slip and fall attorney can help you recover the compensation you deserve.
Slip and fall accidents occur at work, on commercial properties, at someone’s home, or even in public spaces like sidewalks or parks. Some common contributing factors to slip and fall accidents include wet floors, weather-related hazards, uneven or broken steps, and loose or cracked ground surfaces.
When a slip and fall occurs at a business, it is important to report the incident to a manager or supervisor. Ask for a copy of any record that they prepare. If any witnesses were present, get their name and contact information. It can be helpful to have their testimony at trial.
In some states, the doctrine of comparative negligence may reduce your claim amount if you were partially or fully at fault for your accident. For example, if you slipped on a spill at a grocery store and did not notice the sign that said “warning,” a jury might find that you were at least 1% at fault for your fall.
Premises Liability
If you were hurt while visiting someone else’s property, a personal injury lawyer may be able to help you pursue compensation. This type of case can be complicated and involves proving that you were injured due to the negligence of a person or business who owned the property. These claims also require proof of damages, including medical expenses, pain and suffering, and lost income.
In many states, property owners are legally responsible to keep their properties safe for visitors and people who have business there. This means that they must warn people of any dangerous conditions under certain circumstances, such as a slippery floor. If a store employee mops a floor, for instance, and fails to warn customers that it’s wet, a customer can slip and injure themselves.
A personal injury lawyer can explain your state’s laws and what type of duty the owner of the property owed to you at the time of your accident. This can include the legal status of the owner as a trespasser, invitee, or licensee. It also depends on whether the owner was negligent, meaning that their behavior or inaction was a substantial factor in causing your injuries.
Your attorney will work to build a strong argument for damages that covers your financial losses, including medical bills, emergency care costs, surgery fees, ongoing treatment or therapy costs, and lost income. You can also claim damages for your pain and suffering, which is considered non-economic damage and compensates you for the physical discomfort and emotional distress you’ve suffered. This is why it’s important to keep a daily journal of your pain and other symptoms in the aftermath of your accident.
Wrongful Death
If a person dies because of someone else’s negligence or misconduct, the victim’s family may file a civil wrongful death claim. Wrongful death claims can lead to substantial compensation for the loss of a loved one. However, the process is complex and time-consuming. It is critical that the personal injury attorney you choose has experience with wrongful death cases.
In a wrongful death case, the plaintiff must establish three elements:
- That another party caused a deceased person’s death.
- That the person who died could have filed a personal injury claim for damages had they not died.
- That the heirs suffered actual losses as a result of their loved one’s death.
The last element is a very difficult factor to prove. It involves establishing that the wrongful death caused specific economic and non-economic losses to the heirs.
The wrongful death attorneys at Jacoby & Meyers, LLP are skilled in uncovering the facts and building strong cases against those responsible for your loved one’s death. Whether the case involves a car accident, medical malpractice, or any other type of accident, the lawyers at Jacoby & Meyers will work diligently to obtain maximum compensation for your loss.
Wrongful death lawsuits are different than criminal prosecutions, in that the defendant must be found guilty by a preponderance of evidence (meaning more likely than not) instead of beyond a reasonable doubt. A wrongful death case must also be brought within the state’s statute of limitations. Moreover, in some states, a personal injury action that was begun before the deceased’s death can be consolidated with a wrongful death case. This allows surviving loved ones to receive compensation for the pain and suffering they endured because of the wrongdoer’s conduct.