Car Accident Lawsuits Many car accident victims seek compensation for their injuries. This can include the cost of existing and future medical bills damages to property, lost income, as well as other damages like pain and suffering. Your attorney will then request access to your medical records as well as any evidence of the incident. This process can take a few weeks or even months. Car Accidents A variety of factors can trigger car accidents. Some accidents happen due to the negligence of the driver, while others are due to defective products or hazardous road conditions. Although no one can reverse the circumstances of a particular crash, an experienced White Plains car accident attorney can help victims get the justice they deserve. There are a myriad of damages that an injured victim could pursue in a personal injury case, such as past and future medical expenses and lost wages. Future medical expenses can include the cost of medications or surgery, physical therapy and nursing treatment. Loss of earnings can be repaid by calculating the length of time that an injury kept the person from working. A typical settlement will also provide damages for pain and suffering. While financial damages can't remove physical pain, they can assist victims to cope with their struggles. During the litigation process, an attorney will review all documentation related to a car crash. Photographs of the scene of the accident as well as police reports and witness statements are all included. The attorneys of both sides will also undergo discovery, in which they will request documents and interrogatories from the other side. Interrogatories are a set of questions that must be answered under the oath within a specific timeframe. While some cases may be resolved out of court, the majority 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 awarded. Depending on the complexity of the case and the willingness of both parties to negotiate, a car crash case can take several months or even more than a year to resolve or reach a decision. Drivers are accountable for the safety of their vehicles. If they fail to adhere to this and cause an accident, they could be held accountable to the court for the injuries they cause. It is crucial to hire an experienced car accident attorney. They can ensure that deadlines are met, and the correct evidence is provided in court. This will allow victims to get the maximum amount of compensation for their losses. Wrongful Death In wrongful death lawsuits, family members can sue when an innocent or negligent act directly leads to the victim's untimely and unnecessary death. These lawsuits typically follow criminal trials and the person at fault may or not be found guilty of a crime related to the death of. Wrongful death claims can be brought by survivors of family members or a personal representative of the estate. A wrongful-death case must have the same elements as a personal injury claim as well as evidence that the defendant owed the victim a duty of care but did not meet the standard. The plaintiff must also demonstrate that the defendant's inability to act or omissions caused the wrongful deaths. It is not possible to sue someone who has committed murder. However, you are able to sue an estate in the event that your loved one was killed in an accident such as the result of a boating accident, or a workplace accident. In these cases, survivors seek compensation for the emotional and financial losses they have suffered as a result of the loss of a loved one. There are a myriad of reasons for accidental deaths, such as defective products, accidents at work, and medical malpractice. In the case of a product liability death, the maker of the dangerous or defective drug or product, as well as a vehicle is held responsible for a victim's accidental death. A wrongful-death lawsuit can be filed when a person dies as a result of medical negligence, such as delayed diagnosis, misdiagnosis or surgical error or prescription drug error. In these cases, the attorneys may require the help of experts to study medical records, car sensor data and phone records. They may also be required to get sworn statements from witnesses to prove the facts of the case. These types of lawsuits require an experienced attorney who is experienced in wrongful death cases and will do everything to ensure justice for your family. Funeral expenses, income loss in the future, and loss of companionship are all parts of the wrongful-death damages. In extreme and rare circumstances, punitive damages may be granted to hold the culprit accountable for their behavior. Premises Liability Property hazards can be the cause of many accidents in Florida and across the United America. If you or someone you care about was injured in the home, in a retail store or movie theatre, or at a shopping mall, office or amusement park, or other commercial establishment, the owner of the property could be accountable for your losses. Contact a personal injury attorney who specializes 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 common reason for premises-related accidents. The legal basis for a successful premises liability claim is based on the property owner's "duty of care." The duty of care is the moral and legal obligation that someone in your position would have when they owned or occupied the same place and suffered the same type of accident. Property owners are required to take reasonable measures to address any potential risks on their property, and keep their property in a safe and secure condition. This includes regularly examining their property for any dangers, fixing or posting any hazardous conditions, and then removing any dangers that cannot be easily repaired. If you are injured on the property of another person due to hazards the party responsible has a breached their duty of care by failing to provide a secure environment for guests. If you suffer an injury as a result of the at-fault parties violation of their duty of care, it's crucial that you seek medical attention. Also, collect evidence as quickly as possible. This could include photos of the location of your accident along with witness statements, as well as your medical records. The more convincing your case will be the more evidence you have to offer. Your medical bills are the most crucial evidence. These expenses will likely be used to pay for a variety of medications, treatments and physical therapy. If your injuries have left you not able to work or work, you'll also need compensation for lost income. You could also be entitled to recover other losses related to your injuries. This includes your pain and suffering. To be able to claim compensation for these damages you must prove that your injuries were directly related to the defendant's actions or inaction. You must also show that the defendant was aware of your injuries. Medical Malpractice Medical errors can result in serious injuries or even death. A malpractice claim is filed by a victim if a medical error affects them. These claims are more complicated than those arising from the crash of a vehicle and the risk of losing is higher. A patient must show that a medical professional violated the duty of care in their field of expertise, that the 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 the majority of cases, the plaintiff seeks compensation for financial losses. These could include hospital expenses loss of income as a result of missing work, or other tangible costs. Additionally, the injured victim may also be entitled to non-economic damages, such as pain and suffering and loss of consortium. These damages are not as tangible but they're just as real as those that can be quantified. In certain cases there are instances where punitive damages can be granted. These are meant to punish the person who has committed an egregious act that is considered to be gross negligence. Examples of this kind of behavior include putting a sponge inside the patient's body during surgery or deliberately failing to detect cancer even though it was obvious. The attorney for the plaintiff will make a settlement demand to the insurance company when all evidence is gathered. The insurance company will look over your claim and then make an offer. If the parties cannot reach an agreement at trial the judge will make the decision. A lawsuit arising from a car accident can be complicated and lengthy and the process can be different for every case. You need an experienced attorney to ensure that you get the compensation you deserve. Our lawyers are available to you to discuss your case and to answer any questions that you may have. Contact our office today to set up a no-cost consultation.