Table of Contents
Accidents happen, but when an accident is the result of someone’s carelessness or maliciousness, the victim may be entitled to monetary compensation. Personal injury incidents can leave victims with severe injuries that impact their ability to work, limiting or completely eliminating their source of income while expenses keep piling up. Thankfully, victims have legal options to help them recover financial compensation to support them through their recovery. By filing a personal injury insurance claim or pursuing a personal injury lawsuit, victims of accidents caused by another party’s carelessness or maliciousness can hold that party financially and legally responsible for any losses they suffered related to the injury caused by the incident.
If you or a loved one have been injured because of another party’s irresponsible actions, you may be able to hold them accountable through a personal injury case. Contact a trusted and qualified Rochester personal injury lawyer to learn what your best course of action is so you can recover full and fair compensation. The personal injury claim process can be complicated, and you may have many questions. With a skilled Rochester personal injury attorney at your side, you can be sure that you have an advocate throughout the entire process fighting for your best interests.
Personal injury is a section of civil law that deals with the notion that individuals or entities who fail to exercise reasonable care to avoid harming others should be held financially responsible for the damages their victims sustain. Most personal injury cases are built on the theory of negligence to help establish a party as liable (responsible) for the damages (financial compensation) that the victim is awarded. Proving a party is liable through negligence requires establishing the following elements during an insurance claim or a trial.
In personal injury law, the idea of a duty of care is fundamental. Duty of care is a legal theory that applies to nearly everyone, most governmental entities, and public entities such as companies. The idea behind the theory of duty of care is that individuals and entities owe an individual a legal standard of reasonable care to prevent and avoid harming them. For instance, property owners owe their visitors a duty to ensure their premises are reasonably safe and not endangering them.
Breach of duty of care refers to the actions or inactions a person or entity took that caused an incident that resulted in the injury or harm to another person. Failing to take the necessary steps to avoid causing harm to a person is breaching the legal duty of care. If the carelessness, recklessness, or even malicious intent of someone leads to physical, emotional, or financial harm to a person, they are breaching their legal responsibility and can therefore be held liable for those damages.
Causation is the legal term used to describe the link between the individual or entity’s breach of duty of care and the harm that a victim suffered. Establishing a direct or proximate link between the responsible party’s breach and the victim’s injury is vital to the success of a personal injury claim.
In the context of personal injury law, damages refer to the compensation the victim may be eligible to receive. In most personal injury cases, the damages a victim can receive include:
The determination of damages awarded depends on the circumstance of your personal injury case. Generally, damages are calculated based on the extent of the harm you’ve suffered and the effect your injuries have and may continue to have on your life.
Personal injury cases can take many forms. They cover a variety of accidents caused by the recklessness or carelessness of a person or entity. Some of the most common personal injury cases include the following:
One of the most common types of personal injury cases are those that involve a motor vehicle. Car accidents, motorcycle accidents, and even pedestrian and bike accidents can leave victims with severe injuries. Even though most people are aware that reckless driving can have dire consequences, the road is filled with negligent drivers.
A slip-and-fall accident doesn’t sound like it could lead to severe injury, but these kinds of accidents can be dangerous, even leading to injuries such as traumatic brain injuries and spinal cord injuries.
Medical professionals are held to an even higher level of duty of care because they are legally responsible for the safety of their patients. When medical professionals fail to meet those standards of care either on accident or on purpose, it can lead to patients suffering immense pain and injury.
Companies that produce or distribute products to consumers are legally required to ensure their products are reasonably safe and provide adequate warning if there are risks associated with the product. When they fail to meet their legal obligations, it can severely harm the consumer and, in the worst cases, cost the consumer their lives.
In all the cases listed above, the worst-case scenario is someone losing their life. Surviving family members and loved ones can file a wrongful death claim to recover funeral and burial costs and other damages specific to wrongful death cases.
A personal injury lawyer is your front-line advocate after you’ve been injured due to someone else’s negligence or wrongdoing. Our role is multifaceted, focusing first on thoroughly understanding the details of your case. We collect evidence, which can include photos of the accident scene, medical records, and witness statements, to build a strong foundation for your claim. Next, we use this information to negotiate with insurance companies on your behalf.
If an agreement can’t be reached, your lawyer is prepared to take your case to court and represent you throughout the trial process. Plus, we deal with insurance companies and all the paperwork, so you don’t have to stress over it. We work tirelessly to ensure justice is served and you receive the support you need to move forward from your injury.
Hiring a personal injury lawyer during the challenging time following an unexpected injury can bring several advantages you might not have initially considered. Here’s why it’s a smart move:
Working with a personal injury lawyer means having an advocate who is committed to your best interests. We ensure you’re not left navigating the aftermath of an injury alone.
Deciding to hire a personal injury lawyer in Rochester isn’t always straightforward, but there are clear signs it’s time to get one on your side. If you’ve been hurt in an accident and it wasn’t your fault, or if the situation is murky and blame is being tossed around, a lawyer can help clarify things. You should also consider legal help if your injuries are serious. Serious injuries often mean more medical care, which means more bills and potentially long-term impacts on your life.
Another important moment to have an attorney on your side is if the insurance company starts acting like they’re not on your team. If they’re delaying, asking for more and more information, not giving clear answers, or their settlement offer seems low, it’s time to call a lawyer. We know how to talk to insurance companies and won’t be pushed around. Lastly, if you’re feeling overwhelmed by the legal process, paperwork, and negotiations, it’s a sign you need the expertise and support of a personal injury lawyer. We will take the weight off your shoulders, so you can focus on healing.
Understanding what compensation you might receive through a personal injury lawsuit is crucial. Types of compensation you may be able to recover include:
Every case is unique, and the exact compensation will depend on the specifics of your situation. A personal injury lawyer can help evaluate your case to ensure you’re seeking the full compensation you deserve.
Personal injury accidents can have long-lasting impacts on victims, and they deserve to recover fair compensation from the liable party. Our Rochester personal injury lawyers at Knutson + Casey Law Firm are dedicated to helping injured victims pursue the compensation they deserve while they focus on their recovery. We aim to help achieve the best possible outcome on your behalf so you have the space to deal with injury and the consequences it has on your life.
Contact us today to start pursuing the compensation rightfully owed to you. Call us at (507) 344-8888 or fill out our contact form.