After being injured in an accident, how can you receive the compensation you need to help pay for the damages you suffered? Can you trust the at-fault party or the insurance company to reimburse you for everything you need? To make sure you receive the full value of what your injuries are worth, you need an experienced attorney to advocate for you. Here are three questions about personal injury claims commonly asked by our clients. Contact our office today to schedule a consultation.
How Do I Prove 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.
I’m Not Sure I Have a Valid Claim. What Are the Different Types of Injury Lawsuits?
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
Do I Really Need to Hire a Lawyer?
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.