Determining liability – that is, determining who is responsible for an injury – is essential to the success of any personal injury lawsuit. The injured victim’s attorney must establish that someone acted negligently, and that his or her negligence directly contributed to the injury. If you believe you have a personal injury lawsuit, our lawyers can help. Our attorneys handle the full range of personal injury cases at the Manhattan, New York law firm of Proner & Proner; we have the expertise and dedication necessary to determine whether you have a case and, if you do, to hold the appropriate parties accountable. Our attorneys have a track record of success in obtaining settlements for our clients, and we will strive to bring your case, too, to a favorable conclusion.
Personal Injury Liability – Who Is at Fault?
The legal theory of negligence applies to most personal injury cases. Moreover, under the legal theory of comparative negligence, multiple parties – including the victim – can be held liable. For example:
- In a motor vehicle accident, the driver and the party responsible for maintaining safe road conditions can each be held fully or partially liable.
- In medical malpractice cases, the victim’s doctor, attending nurses, and the hospital at which the patient received treatment can be held responsible.
- In construction accidents and other workplace accidents, the victim’s employer and others responsible for maintaining safe work conditions can be liable.
- In any type of personal injury case, if a defective product caused the injury, that product’s manufacturer, designer, and / or retailer can be liable.
The bottom line is that, even if your own negligence contributed to the accident, you may still be able to obtain at least some compensation for your injuries. Contact our firm today to learn more about personal injury liability and your rights.
Proving Personal Injury Liability – What to Expect
The process of proving liability in a personal injury case involves carefully investigating the circumstances surrounding the accident, determining who acted negligently, and proving that that party’s negligence caused the injury. A number of personal injury and product liability laws may come into play. Moreover, the defendant will make every effort to disprove his or her responsibility for the accident. For the victim, the stresses associated with litigation and physical recovery often further complicate the process. Given the complexity of most personal injury claims, it is essential that victims enlist the services of a talented personal injury attorney. If you have been injured, this is the best way to make sure that you are able to obtain the compensation to which you are entitled. Experienced personal injury attorneys, such as those of the New York law firm of Proner & Proner, will utilize every resource available to ensure that your rights are fully protected.
Filing a Personal Injury Lawsuit
If you have grounds for filing a personal injury claim, you have two basic options: you may file suit, or you may settle the case informally (e.g., through arbitration). The process for filing a lawsuit typically entails the following steps:
- If you believe you have a personal injury case, first and foremost, you should contact our firm to schedule a free case evaluation. You should do so as soon as possible after your accident, since there is a statute of limitations (a time limit) for filing a personal injury claim.
- If we determine that you have a case, we will begin the process of collecting evidence (witnesses’ testimonies, physical evidence, photographs of the accident scene, etc.).
- We will present this evidence to a judge, who will consider our claims, as well as those of the defense, in determining liability.
Contact Our Personal Injury Attorneys
If you have suffered a personal injury, you may be able to obtain compensation for your injuries – if you can prove that another party is liable for your injuries. Contact Proner & Proner to learn more about proving liability in a personal injury lawsuit. Our attorneys handle personal injury cases for clients in Manhattan and throughout New York. We will provide aggressive legal counsel to you in your time of need.
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New York Office:60 E. 42nd Street
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New York, New York 10165
Phone: (212) 500-1003
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Bethel, CT 06801
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Albany, NY 12207
Phone: (518) 514-1053
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Springville, NY 14141
Phone: (716) 542-8243
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Rochester, NY 14614
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Suite 316
Syracuse, NY 13202
Phone: (315) 295-1466
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