Most people plan their days without factoring in the chance of an accident. Unfortunately, the careless acts of another individual or entity could disrupt that sense of safety.
If you were harmed in an accident, you might be facing many challenges. You might lose wages, but owe medical bills. You could suffer so much pain that you cannot enjoy your family or the activities you love, or your well-planned future may become uncertain. If another person caused your injuries, we might be able to help get you the compensation you will need to get your life back on track. Contact our trusted team of Cheektowaga personal injury lawyers at Richmond Vona, LLC, to learn more.
Common Forms of Negligence
When someone’s actions are unreasonable or reckless, and another is harmed because of it, the perpetrator may be liable to pay the injured party through insurance settlements or lawsuit judgments. Some examples of accidents that might meet the criteria for negligence include:
- Car accidents, including those caused by driving under the influence or driving while distracted
- Medical negligence, such as birth injuries
- Premises liability, including slip and fall accidents
- Dog bites
- Wrongful deaths that occur due to defective products
- Motorcycle, bus, boat, truck, bicycle, and pedestrian accidents
- Nursing home abuse
- Construction site accidents
- Injuries from dangerous drugs or defective medical devices
Our seasoned personal injury attorneys thoroughly investigate Cheektowaga accidents to determine the facts and who is to blame. We employ multiple strategies to pursue substantial compensation.
For a free legal consultation with a Personal Injury lawyer serving Cheektowaga, call (716) 300-5885
New York’s Pure Comparative Negligence Law
Often, accidents are not attributable to just one party. Sometimes both or several parties bear some blame. This can affect a damages award depending on the state’s laws. New York and a dozen other states follow the pure comparative negligence doctrine. In New York Civil Practice Laws and Rules section 1411, plaintiffs can recover damages even if they are partly or mostly to blame for the accident. This differs from Modified Comparative Negligence states that allow recovery by plaintiffs as long as they are less than half to blame (between 49 and 51 percent, depending on state statutes).
The jury determines a damages award and adjusts it according to the percentage of fault assigned to the parties. For example, if the defendant was driving intoxicated and the plaintiff was texting and driving, the jury might assign 50 percent of the blame to each party. In this case, any award to the plaintiff will be reduced by 50 percent. Our Cheektowaga personal injury attorneys are skilled at rebutting defendants’ arguments to assign more fault to plaintiffs as a tactic to minimize damages awards.
The Statute of Limitations
According to New York’s Statute of Limitations law, personal injury lawsuits generally must be filed within three years of the accident. Exceptions apply in medical malpractice cases, when the government is a potential defendant, and for minors or mentally incapacitated plaintiffs.
Cheektowaga Personal Injury Lawyer Near Me (716) 300-5885
Let a Cheektowaga Personal Injury Attorney Fight for You
Almost any situation in which one party acts carelessly, and another is harmed because of it, can be designated as a personal injury accident. Proving negligence, negotiating with insurance companies, and presenting cases before a jury are all critical skills you should look for when hiring an attorney to represent you in one of these claims.
Our Cheektowaga personal injury lawyers believe that if someone else harmed you, your lifestyle should not be compromised. Call us today for an initial consultation to learn how we can help you.