Questions About Personal Injury Lawsuits
If you have been seriously injured due to someone else’s negligence, you may be wondering how you are going to proceed. You will probably have many questions about personal injury lawsuits. Luckily, the experienced Buffalo injury lawyers at Cole, Sorrentino, Hurley, Hewner & Gambino, P.C., can answer any questions about personal injury lawsuits you may have.
Questions About Personal Injury Lawsuits | What are the Types of Personal Injury Lawsuits?
There are two ways a personal injury lawsuit can arise: through the intentional act or the negligent act of another person.
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
Questions About Personal Injury Lawsuits | What is a Negligence Lawsuit?
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.
Questions About Personal Injury Lawsuits | Should I Hire an Attorney?
If you’ve suffered an injury because of the fault of another, the law gives you the right to compensation. The principle is simple: whoever is responsible for the harm you suffered should pay to make you whole again. But though it is simple in theory, it is rarely as simple in reality.
At Cole, Sorrentino, Hurley, Hewner, & Gambino, P.C., our Buffalo personal injury attorneys understand it takes experience, dedication and skill to obtain the compensation you need for the harm you have suffered. Whether it’s an insurance company dragging its feet and trying to lowball you or another individual convinced they did nothing wrong, it’s rarely easy to get what you deserve through the courts. That’s why any personal injury attorney at our firm is ready to help the injured individuals and workers. Contact us today to schedule a free consultation.