When an accident causes an injury, you might feel at a loss for what to do next. An Amherst personal injury lawyer can provide you with some options.
If another party’s negligence was a factor in the incident, you could seek compensation from them. Your damages could include medical expenses, lost wages, diminished income, and payments for pain and suffering.
Personal injury claims typically settle long before trial, but you need a knowledgeable attorney to guide you through the process. Reach out to Richmond Vona, LLC, to get a diligent advocate working for you.
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Proving Liability in a Personal Injury Case
A party is liable for an injured person’s damages if the injured individual can prove that the other party was negligent and that this negligence led to their injury. In general, negligence means not taking reasonable care to prevent harm to others. However, the standard of care might vary depending on the circumstances of a case.
For example, in a car accident claim, a legal professional must prove that another driver’s negligence contributed to the accident. But because New York has a no-fault insurance system, the advocate must also prove that the plaintiff’s injuries were serious enough that they can access the courts for relief. If an injury is fatal, the family could file a claim seeking damages for their loved one’s wrongful death.
A different procedure governs medical malpractice actions, in which the plaintiff must prove that the case has merit before filing a lawsuit. In contrast, if an individual suffers an injury because of a defective product, they may not need to establish negligence at all. An Amherst personal injury attorney will examine every detail of a particular scenario to ensure they have all of the required evidence to seek the best possible legal outcome.
Types of Accidents that Might Warrant a Claim
People sometimes believe that they can handle their injury claims on their own. They reach out to the responsible party’s insurance company and assume the insurer will do the right thing. Unfortunately, insurance companies exist to please their shareholders. Unless an injured person has an aggressive advocate with sharp negotiating skills, they are unlikely to receive an adequate settlement offer. Some examples of common incidents that our experienced attorneys help pursue compensation for include:
Semi-truck collisions
Bus accidents
Pedestrian and bicycle wrecks
Motorcycle crashes
Injuries from harmful drugs and defective medical devices
Nursing home abuse
Birth injuries, wrong-site surgeries, and other forms of medical malpractice
Construction site accidents
Slips and falls
Dog bites
Negligent security or other premise hazards
A seasoned Amherst injury attorney knows how to investigate an incident and identify the parties who are potentially liable.
Critical Time Limits
Statutes of limitations define the timeframe for an injured individual to file a lawsuit seeking damages. Although most cases settle out of court and never go to trial, the threat of a lawsuit is a powerful incentive for responsible parties to offer reasonable compensation.
In general, the law requires a plaintiff to file a claim within three years of the incident that caused the injury. When the lawsuit alleges medical malpractice, the plaintiff must file within 30 months of the medical error. However, the law contains several exceptions that might apply in a specific case, so it is wise to consult with qualified legal representation about the timeliness of a claim.
Rely on an Amherst Attorney to Pursue Your Personal Injury Claim
The law requires people to use reasonable caution to avoid injuring others and makes them liable to pay damages when they fail to do so. An Amherst personal injury lawyer can help you get the compensation you are entitled to receive after an accident.
Do not hesitate to get an accomplished legal professional working for you. Reach out to Richmond Vona, LLC, to schedule a complimentary appointment today.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
