Along with various elements of family law, our experienced lawyers at Cole, Sorrentino, Hurley, Hewner & Gambino P.C. are adept at handling personal injury lawsuits. If you are seeking compensation for a serious injury caused by someone else’s negligence, please contact our offices today.
Handling Personal Injury Lawsuits | Types
Only a small number of personal injury lawsuits are the result of the intentional act of another, such as battery. The vast majority of personal injury lawsuits are the result of someone acting negligently. Types of serious accident personal injuries we actively represent on behalf of our Western New York clients include:
- Motor Vehicle Accidents
- Accidents Involving Uninsured or Underinsured Motorists
- Boating Accidents
- Defective or Malfunctioning Farm Equipment Accidents
- Premises Liability Accidents (Slip and Fall)
- Product Liability Accidents
- Dog Bites and Animal Attacks
Handling Personal Injury Lawsuits | Proving Negligence
In order for someone who has suffered personal injuries to succeed in a suit for negligence, he or she must prove the following four elements:
- Duty. This refers to the fact that people are supposed to act a certain way. Drivers aren’t supposed to drive erratically or drunk while on the road and companies aren’t supposed to sell unsafe products without adequate warnings or protections.
- Breach of that duty. If no one has breached a duty, then there can’t be any negligence. Using the above example, a driver who runs a red light or a company that sells a medication without adequate warnings about its risks are potential examples of breached duty.
- Causation. The breach of the duty must be the actual cause of harm to the plaintiff. For example, if someone ran a red light, but the accident was because of another party driving drunk, then the driver who ran the red light isn’t responsible for the accident.
- Damages. This refers to the fact that the negligence must actually cause some form of harm, such as a personal injury. A plaintiff can’t recover damages if there wasn’t any damage.
If you are looking for an attorney with experience to handle your personal injury lawsuit, please contact our offices today for a legal consultation.