Personal injury law, or tort, covers a vast range of cases that result from accidents and injuries. Tort law covers the most significant portion of the civil law legal system. It protects you and your property if injury or harm occurs because of a person’s negligent or reckless actions. Civil claims can range from motor vehicle accidents to work-related incidents.
However, every personal injury case has two fundamental elements: liability and damages. Both of these factors need to be present in order for a reliable attorney to be successful. Contact a skilled Yonkers personal injury lawyer from StolzenbergCortelli, LLP to schedule a meeting if you need help recovering compensation after suffering losses from a person’s careless actions.
The team at StolzenbergCortelli, LLP handles various types of personal injury cases. The most prominent are:
Our attorneys work hard to get every dollar available for injured parties and aggressively pursue every available legal option. Retaining a lawyer who knows the laws and how the court system works is the best decision that someone can make in pursuit of compensation.
It is not always easy to show a court that the defendant was liable for the accident. Four essential elements must exist in order to prove liability.
The claimant must show the court that the defendant owed them a duty of care – or responsibility – to protect them from harm. For example, all motorists have an obligation to operate vehicles responsibly to avoid harming other drivers or pedestrians on the roadways.
The evidence must establish that the defendant breached that duty of care and caused harm to the plaintiff. Examples of a breach include:
Providing proof of any reckless or careless actions could show a breach of duty of care.
With the help of a diligent Yonkers personal injury lawsuit attorney, available from StolzenbergCortelli, LLP, the plaintiff must also prove that there is a link between the defendant’s breach of duty and the injuries that followed. If the negligent driver failed to come to a complete halt at a stop sign and caused an accident, that would establish the link for causation.
For a successful personal injury claim, the plaintiff must prove they sustained verifiable damages due to the negligence. They can provide medical records and hospital bills for this element.
There is legislation that strictly enforces a person’s timeframe to file a claim for damages in personal injury lawsuits. In accordance with the New York Civil Practice Law and Rules § 214, the plaintiff must file the legal action within three years of the incident which caused their losses.
It is always in the injured party’s best interest to file the suit as soon as possible. The statute of limitations allows for a few exceptions that a knowledgeable personal injury lawyer in Yonkers could address during the consultation.
When a person’s careless or reckless actions cause harm to others, state laws will hold them financially accountable. It is not uncommon for an injured party to believe they do not need the help of a certified legal professional for a successful claim.
However, it is unlikely that a person without experience navigating the system will have the same outcome. At StolzenbergCortelli, LLP, a Yonkers personal injury lawyer could help establish a strong case for negligence and get the maximum potential award amount. Schedule a free consultation if you would like help in filing a civil claim for damages.