More and more people are becoming aware of personal injury cases, but the question is, when and how personal injury cases should be filed. Some injuries, like a traumatic brain injury, may be serious enough to make filing for claims against the negligent party a logical move. Some cases, however, are not as cut-and-dried. To learn if you have a case, the best thing to do is to consult a seasoned Long Island personal injury attorney, who will review your case thoroughly and guide you on the next step to take. Here are some things you need to look into when considering filing for personal injury claims.
“A family in Georgia is appealing the decision that favored the local hospital that misdiagnosed a hematoma as a simple scalp contusion.
According to court documents published by FOX 31, six-month-old Keira Pech suffered a large bump after falling off her bed in 2007. She was taken to Phoebe Putney Memorial Hospital in Albany, GA, only to be discharged with a “minor injury”; however, three days later, the parents found out that her contusion was anything but—Keira had a serious subdural hematoma.”
One thing has to be proven in a medical malpractice case: the health care professional fell short of providing the medical standard of care to the patient, which led to harm or injury. Despite its legal definition, medical standard of care is still subject to various interpretations. For this reason, it would be difficult to seek damages from a medical malpractice without legal help.
According to the law, medical standard of care is “type and level of care an ordinary, prudent, health care professional, with the same training and experience, would provide under similar circumstances in the same community.” With the technical terms involved in medicine, the testimonies of expert witnesses are often required to explain to the jury and the court how the defendant may have failed in providing this medical standard of care. For any medical malpractice case to flourish, the witness that the victim’s lawyer presents in court has to be highly competent and credible.
Whether you’ve received injuries in a car accident or because of medical malpractice, you might feel overwhelmed as the medical bills continue to pile up. You are not completely helpless. You can take legal action to get justice for the injuries and any losses you might have suffered due to the accident. A reputable Long Island personal injury attorney can provide you with helpful advice so that you may receive just compensation.
Having sustained injuries from an accident involving a truck, you may be tempted to take the first settlement being offered to you by the defendants’ insurance company. An experienced personal injury attorney in Brooklyn, NY would strongly advise against this. Why? Because insurance companies generally offer the lowest possible settlement at the onset, which may turn out to not even be enough to support you until full recovery.
Know that regardless of the intimidating “take it or leave it” stance adjusters employ, the fact that they’re offering a settlement could mean they are trying to pre-empt a higher one. You can strengthen your claim with the help of a personal injury lawyer adept in handling truck accident cases. Keep in mind that insurance companies are well-versed at negotiating for a settlement that’s highly favorable to them, so talking with them without an attorney by your side may only cause you to undervalue your claim.
The sick often pursue medical assistance in hospitals to receive proper treatment for their condition. The problem is: some of the medical apparatuses used in hospitals may be defective to the point that they could exacerbate the patient’s condition, or worse. These occur due to negligence, medical expense cutbacks, or even failure to evaluate equipment prior to including it in their facilities.
A 2014 study says that, “At least one in 20 U.S. adults, or 12 million people yearly, may be misdiagnosed when they go to see their doctors”. In addition, researchers have estimated that approximately half of these cases can potentially lead to serious harm, such as when doctors fail to follow up on “red flags.” The study made use of information from a sample of doctors’ clinic visits and looked through hundreds of medical records to determine whether patients were misdiagnosed.
Among seasoned and knowledgeable Long Island personal injury attorneys, such as from The Law Offices of Joseph Lichtenstein, PC, the term “negligence” has often been used to establish another person’s fault for the grievance of another, and cases stemming from this have been the subject of many lawsuits. Juris Doctor David Goguen discusses the intricacies of being negligent and the consequences thereof in his article for AllLaw.com.
By definition, negligence is the breach of one’s duty of care for another. “Duty of care” is a legal term that refers to the responsibility one person has to avoid causing harm to another. In a personal injury lawsuit, the first step in proving that another person was negligent is to establish that he or she was assigned the duty of care in the situation from where the injury originated.
In a largely populated area like the Bronx in New York, it is not out of the realm of possibility to be a victim of a violent crime. In fact, according to statistics, there is an average of 14,787 cases of reported violent crimes annually, which is considered to be one of the highest rates in the entire nation. Robbery, non-negligent manslaughter, and aggravated assault can cause property damage, emotional trauma, and serious physical injury, such as broken bones, and even brain injury.
Getting injured because of the physical harm caused by another person can readily urn into a legal situation. A personal injury Lawyer in Bronx, NY might not even take on your request for a number of reasons, most likely because you don’t have a solid enough case to build on. Here are some explanations as to why some incidents do not always make a case.
The gray Honda Odyssey that caused the accident was driven by a valet named Bilal Ghuman, 22. Ghuman borrowed the car while on the job, resulting to being charged with unauthorized use of a private vehicle. It does not seem that he was under the influence while he was driving as the results turned up negative when he was tested for alcohol.
Traffic accidents can happen unexpectedly, and no matter how cautious someone is on the road, no one can truly say for certain that he or she will never be part of a car-related disaster. As a victim in situations such as this, your best option is to promptly contact a trusted personal injury attorney in Brooklyn, NY for the best legal options available to you.