Personal Injury Resources:
How Can You Know Whether You Have a Medical Malpractice Case?
To determine if you have a case, a medical practitioner must analyze your documents to determine the merits of your claim. In New York State, a lawsuit against a medical provider cannot be filed unless a medical expert establishes that there was a divergence from commonly accepted practice. To eliminate any conflicts, all of our specialists are located outside of the local area and will provide us with entirely objective assessments on whether you have a case. This law’s goal is to prevent frivolous claims from being submitted, and it has proven quite effective.
When Can Another Person Be Held Liable for The Injuries I Sustained in My Accident?
If you can prove that another person’s negligence caused your injuries in an accident, you may be able to hold that individual liable for your damages. To establish negligence, you must demonstrate:
(1) That the defendant owed you a duty to exercise reasonable care,
(2) That the defendant breached the obligation to use reasonable care,
(3) That the violation caused your injuries, and
(4) That you suffered actual damages.
Can I Receive Compensation If I Was Somewhat at Fault?
Yes. The defendant, his attorney, and his insurer, on the other hand, will be trying to see if the law of comparative negligence applies. Your damages will be reduced by an amount equivalent to your share of fault under this doctrine. When the defense of comparative negligence is offered, the jury will assess the losses and then assign a percentage of fault to the parties involved. For example, if your losses total $100,000 and each party is 50% to blame, you can only recover $50,000 from the other party and must suffer the remainder of the losses yourself.
What If Numerous Parties Are to Blame for An Accident?
Multiple at-fault defendants in New York might be found jointly and severally accountable for the plaintiff’s economic losses. When defendants are found liable for an accident, they are personally accountable for 100% of a plaintiff’s economic damages, such as medical costs and lost earnings, regardless of their degree of culpability. When one or more defendants are uninsured or underinsured, this provision can be very helpful to accident victims. However, for noneconomic damages such as pain and suffering, a personal injury defendant which is less than 50% culpable will incur only partial liability. For example, if a defendant is only 25% to blame for an accident, he or she will be jointly liable for the entire defendants’ share of economic damages, but only individually liable for 25% of noneconomic damages.
Should I Offer the At-Fault Person’s Insurer a Recorded Statement?
No. In fact, it’s best not to speak with the other party’s insurance adjustor until you’ve hired an experienced personal injury lawyer on your side. Although the other party’s insurance adjustor is pleasant, she is not looking out for your best interests. She’ll be looking for methods to blame you so that the other party has less to worry about.
How Are Legal Fees Determined?
Mostly personal injury attorneys are compensated on a contingency fee basis; it means that you are not obligated to pay attorney’s costs unless you receive cash compensation. In most personal injury cases, fees are calculated as a third of the net recovery. Fees for medical malpractice claims are calculated on a sliding system, beginning at 30% and down to 10% depending on the amount obtained. In federal court, attorneys are paid 25% of the net recovery.
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