Emily Stewart

Do You Know What Makes a Valid Legal Claim?

If you’re considering filing a lawsuit with the help of SPBMC, you might be wondering what you need to prepare as proof of validity. A legal claim for medical malpractice, work accident, or personal injury usually comes down to establishing that you have suffered harm from a negligent health care professional, a hazardous workplace, or dangerous business premises. In this article, you will learn what can stand as proof for a successful case.

Medical Malpractice

Here is the list of elements you need to include “by preponderance of the evidence” with SPBMC:

·         Existence of a doctor-patient relationship: You simply have to show that the medical professional agreed to diagnose your illness or actually provided treatment. This is probably the easiest element to prove in a malpractice case and usually goes unchallenged.

·         Proof of sub-standard medical care: It needs to be determined whether the doctor acted with the skill and care that a similarly-trained professional would have demonstrated, given the situation. Testimony from expert witnesses may be necessary to explain how various aspects of your treatment were negligent.

·         Link between patient’s injury and doctor’s negligence: You have to prove that the doctor’s actions or lack thereof caused your health condition to worsen or resulted in you suffering some additional harm. The key is to show that your injury isn’t attributable to an underlying medical condition or some other cause but the substandard care you received.

·         Quantifiable proof of damages: It is necessary to provide details of the actual harm you experienced. This can include the income that you have lost or will lose from being unable to work, and the cost of additional treatment. You may also recover damages for physical and mental pain that you endured.

You can learn more about filing a claim for a medical malpractice case on https://www.triallaw1.com/practice/medical-malpractice/.

Personal Injury

Here are the things you need to establish for your slip and fall case with the help of a solicitor:

·         Duty owed on the part of the defendant: In laymen’s terms, you have to prove that the occupier or owner of the property had the responsibility to maintain the premises and address any conditions that caused harm within reasonable means.

·         Defendant’s notice of the hazard: Expert testimony is usually called upon to provide details on typical industry practices regarding hazard prevention, maintenance, and inspection procedures. If the defendant is shown to have deviated from these practices or had no knowledge of the hazard, constructive notice is established. If the defendant knew about it yet did not act in time or ignored it, actual notice is established.

·         Proof of the dangerous conditions: You have to show that the defendant should have known or knew about the existing dangerous conditions on their premises. The defendant should and could have addressed them but didn’t thus leading to your injury. The condition should, however, prove to be significantly different from a minor defect like normal wear and tear.

·         Quantifiable proof of damages: You should show that you slipped and fell on someone’s premises and experienced measurable pain from it. Mounting medical bills and missing work time can serve as sufficient proof as long as you can solidly connect them to the accident.

Know the details about these elements from a reliable lawyer. SPBMC is a premier firm of experienced legal professionals you can contact if you are in New York. Not only do they handle malpractice and accident cases but they also assist with 911 compensation fund claims. Get the expert help you deserve from their dedicated team.

More details below:

Business Name: SPBMC
Name: Sullivan Papain Block McGrath & Cannavo
Address: 120 Broadway, 18th Floor, New York, NY 10271
Contact Name: Nick Papain
Phone: 212.732.9000
Logo URL: https://www.triallaw1.com/

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