When you are hurt in an accident, you will likely be entitled to financial compensation for your damages. Before you file a claim, you need to be able to identify who the liable party is. The liable party is the person directly or indirectly responsible for the damages you are suffering. Our Long Island injury lawyer helps define negligence in injury cases.
Please keep reading to learn how we determine who the liable party is in your claim. Our attorney Michael Matera is passionate about bringing justice to the injured victims of his community.
Reach out to the office right away if you feel you are entitled to compensation after an accident. We would be more than happy to get you set up with a free consultation. Have a fierce lawyer in your corner, ready to fight for your justice.
What is a Personal Injury Case?
A personal injury case involves a few different people. You have the injured person or people, the person or people who caused the injury, the insurance company that insures the responsible party, and the lawyer who represents the injured party.
Negligence in injury cases often involves the action of one other person. Cases can include motorcycle accidents, pedestrian accidents, truck accidents, slip and falls, and more.
Most motor vehicle accidents were caused by another motorist. Slip and falls could be caused by the property owner neglecting to keep the property safe.
Essentially, if you can blame someone else for your damages and injuries, you likely have a personal injury claim.
Definition of Negligence in Injury Cases
When understanding negligence in injury cases, it is important to learn about the four factors that help us determine who the liable party is for your claim. Please keep reading to find out how we pinpoint who is responsible for your damages and injuries.
Duty of Care
Proving that the suspected liable party had a duty of care will be the basis for determining that they are responsible for your damages. Drivers have a duty of care on the road and must drive safely to keep others safe. Doctors have a duty of care not to harm their patients, and property owners have a duty of care to keep their premises safe.
Breach of Duty
It is up to you as the plaintiff to prove that the suspected liable party breached their duty of care. You can do so by showing what they did wrong. A driver who swerves onto the highway without a signal would have breached their duty of care. A doctor who refused to provide a screening for a disease and then missed a diagnosis would have breached their duty of care. Finally, a property owner would be guilty of breaching their duty of care if they knew about a dangerous step on their stairs but never tried to repair it.
You and your lawyer will be responsible for showing that your injuries and damages were caused by this breach of duty of care by the suspected liable party. You can accomplish this by showing medical records where, for example, a doctor determines that a broken bone resulted from the car crash in question.
Your damages are the critical component in getting financial compensation. You will have to show how this accident has affected you financially, physically, and mentally. The liable party’s insurance company will be financially responsible for providing you with a fair settlement.
Schedule Your Free Consultation Today
Do you have further questions about negligence in injury cases? Our Long Island accident attorney, Michael Matera, is here to help you understand everything you need regarding your claim. We gladly provide free consultations. Schedule your free consultation if you would like to meet with a lawyer who is just as passionate about getting justice as you are.