Car Accident Lawsuits Many car accident victims seek compensation for their losses. This could include the costs of existing and future medical bills as well as property damage, lost income, and other non-economic damages like pain and suffering. Your lawyer will start by asking for access to your medical records and evidence of the accident. This can take several weeks or even months. Car Accidents Car accidents can result from many different factors. Some of them are the result of driver negligence, while others result from manufacturer faults or unsafe road conditions. While no one can change the circumstances of a particular crash, an experienced White Plains car accident attorney can help victims get the compensation they deserve. In a personal-injury claim the victim may pursue a range of damages. They can be able to claim future and past medical costs and lost wages. Future medical expenses may include surgery, medication physical therapists, nursing care. Loss of income can be compensated based upon the length of time that an injury has prevented someone from working. A typical settlement includes compensation for pain, suffering, and other losses. While financial damages aren't able to eliminate physical pain, they can help victims cope with their challenges. During the process of suing the attorney will review all documents concerning the car accident. This will include photographs from the scene and police reports and witness statements, among others. Both sides will be subject to discovery, in which they will demand documents and interrogatories. Interrogatories are a set of questions that must be answered under oath before an agreed upon date. While some cases may be settled outside of court, the majority will go to trial. During the trial, both sides provide evidence to support the plaintiff's claim. The jury will then decide the amount of compensation to award. Based on the complexity of the case and the willingness of the parties to bargain, a car accident case can take several months or even more than a year to resolve or reach a decision. Drivers are accountable to operate their vehicles in a safe manner. If they fail to follow this and cause an incident and cause injury, they could be held accountable in court for any injuries they cause. It is crucial to engage an experienced lawyer for car accidents. They can make sure that all deadlines are met, and the proper evidence is presented in the courtroom. This will help victims receive the most compensation for their losses. Wrongful Death In wrongful death lawsuits, family members may sue when the negligence or intentional action directly causes the victim's untimely and unintentional death. These lawsuits are usually filed following criminal trials. The at-fault party can be found guilty or not guilty of a crime that was related to the death. The surviving family member or personal representative of the victim may file a claim for the wrongful death of the victim. A wrongful death case requires the same elements as a personal injury lawsuit, which includes proof that the defendant owed the deceased person a duty of care but did not meet the standard. The plaintiff also needs to prove that the defendant's actions, or failure to act caused the wrongful death. It is not possible to sue someone who has committed murder. However, you can sue the estate of a loved one died in an accident, such as a car 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 passing of a loved one. There are a variety of causes for the deaths of innocent people, including defective products, construction or medical malpractice. In the case where someone dies due to a product liability, the manufacturer is held accountable for the death. It could be a dangerous drug or a defective toy or even a vehicle. A wrongful death suit may be filed if someone dies due to medical negligence, such as a doctor's delayed diagnosis or misdiagnosis surgical errors, or prescription drug mistakes. In these kinds of instances, attorneys may require the assistance of experts to study medical records or car sensor data, as well as phone records. They might also have to obtain sworn statements from witnesses in order to establish the facts of the case. These kinds of lawsuits require an experienced attorney who is proficient in wrongful death cases and will take every step necessary to ensure justice for your family. In the case of wrongful death, damages can be incurred for funeral expenses, future income, and loss of companionship. Punitive damages can be awarded in extremely rare circumstances to punish the perpetrator for their infractions. Premises Liability Risks on a property are the main cause of accidents in Florida and throughout the United America. If you or someone loved one was injured in a home, retail theater or store, or at a shopping mall, office, amusement park, or other commercial establishment, then the owner of the property could be responsible for your damages. To determine the best way to proceed, consult an attorney for personal injury who specializes in premises-liability. Slips and falls account for more than 8 million emergency room visits every year in the United States alone, and they are the primary cause of accidents at the property. The legal basis for a successful premises liability claim centers on a property owner's "duty of care." The duty of care refers to the moral and legal responsibility that someone in your position would have when they owned or occupied the same premises and had the same type of accident. Property owners are required to take reasonable steps to eliminate any potential security risks on their property, and maintain their property in a reasonably safe condition. This includes checking regularly the property for potential dangers. Also, it involves fixing or putting up signs that pose a risk and removing hazards that cannot be easily repaired. If you suffer an injury at the property of a person due to hazards, the party at fault must have violated their obligation of care by failing to provide a safe environment for guests. If you suffer an injury because of the at-fault party's infraction of their duty of care, it's vital that you obtain immediate medical care. You should also begin collecting evidence as soon as you can. This could include photos of the scene of your accident as well as witness statements and your medical records. The more persuasive your claim will be, the more evidence you can provide. Medical bills are the most crucial evidence. These expenses will likely provide a wide array of medical treatments, medications and physical therapy. If you're unable to return to work because of injuries, you may be entitled to compensation for the loss of wages. You may be able to recover other losses that result from your injuries, including suffering and pain. You must prove your injury was directly caused by the defendant's act or inaction for you to be entitled to compensation. You must be able to show that your injuries were anticipated by the defendant. Medical Malpractice Medical errors can have a wide range of consequences, including serious injury and death. A malpractice claim may be filed by a victim if a mistake by a doctor has a negative impact on them. These claims are more complicated than those arising from an accident and the risk of losing is higher. A patient must demonstrate that a medical professional breached the duty to care within their area of expertise, that this breach caused injury to them and that they sustained damages that were quantifiable. In addition, patients must prove that the injury has a negative impact on their quality of life. In most cases, the plaintiff seeks compensation for financial losses. In most instances the plaintiff seeks compensation for financial losses. Additionally, the injured victim can also seek non-economic damages such as pain and suffering as well as loss of consortium. These damages aren't as tangible but they're just as real as those that can be quantified. Based on the circumstances the case, punitive damages can be awarded. They are intended to penalize the person who has committed an indecent act like gross negligence. This type of conduct can include intentionally failing to diagnose cancer or putting a sponge in the body of a patient during surgery. After all the evidence is gathered after which the lawyer for the plaintiff will submit a demand to the insurance company for the amount of a settlement. The insurance company will review your claim and offer an offer counter-offer. If the parties can't reach an agreement on a price at trial then a judge will make the decision. A lawsuit arising from a car accident can be lengthy and complicated, and the process is specific to each case. You require an experienced lawyer to help you get the compensation you're entitled to. Our attorneys are available to you to discuss your case and address any questions you have. Contact us now to schedule a free consultation.