The area of law we call “personal injury” law covers a range of different accidents and injuries that our attorneys can help you with. Nearly any kind of accident where an individual or a company can be potentially responsible for the accident could lead to a potential personal injury claim. But identifying who is at fault and what legal grounds you have to sue can be more complex, as can identifying how much your injury case is worth.
Our experienced attorneys can evaluate your case, help you determine whether you have a claim, and fight to get you compensation from the at-fault parties. Whether that means filing through insurance or going to court, we can work to get you compensation for the damages you faced.
For a free case evaluation, call our personal injury lawyers at The Carrion Law Firm today at (718) 841-0083.
Who is at Fault for Various Personal Injury Claims in Irondequoit, NY?
Many accidents might seem like true accidents, where no one could have avoided the tragedy. However, many things that go wrong only do so because someone failed to take care of their property, failed to use the proper care or skill during manufacturing, or because of actual mistakes and violations of the usual procedures on the road or even in the hospital.
In the following situations, the listed parties can often be found liable for an accident, allowing the victims to get compensation from them:
Slip and Falls and other Property Injuries
If you slipped and fell or faced other injuries from an accident on someone’s property, the owner or operator of the property could be liable. Owners and operators are required to keep property reasonably safe for guests and customers. So when a store leaves a puddle in a dangerous place or a concert venue leaves dangerous cables across a walkway, people who fall and get injured because of these hazards can often hold them liable. Similarly, homeowners, apartment landlords, and other property owners can be held liable for balcony collapses, electrocution, and other injuries.
Car Crashes and other Auto Accidents
If you are involved in a crash, the law will likely place the blame on someone. It is rare that cars just crash without someone doing something wrong or failing to do something required of them.
Most accidents are based on a traffic violation that caused the crash, such as speeding or drunk driving. The driver who violated the law is usually at fault. However, sometimes everyone did something wrong to a slight degree, and it is up to courts or insurance companies to assign partial blame to each driver. Our personal injury lawyers can help prove the other driver’s mistakes and show they were primarily or totally at fault.
Medical Malpractice
In cases of medical malpractice or negligent medical care, both the doctor and the hospital could share liability. In cases where a doctor’s care fell below the applicable “standard of care,” they will be personally responsible. Hospitals can be held liable if the doctor was their employee, but they can also be held liable for unsafe or unsanitary conditions, problems with other staff (nurses, orderlies, techs), lab errors, medication dispensing errors, and other issues.
Work Injuries
In many work injury cases, the employer is responsible for the accident, but the law puts some additional roadblocks in the way before the injured worker can actually hold them liable. Often, there needs to be some safety violation under particular statutes to sue an employer. However, other third parties can be held liable, such as manufacturers of defective equipment or a customer who injured you.
Defective Product Injuries
If a defective or dangerous product injured you, the manufacturer could be liable. You might be able to sue the store that sold you the dangerous product, but often the focus is on holding the company that made or designed the product liable for the injuries. You can also sue them if you were injured because their products did not have adequate safety warnings.
Suing Responsible Parties Vs. Filing Through Insurance in Irondequoit, NY
In many accident cases, the company or person that caused the accident will have insurance to cover liability. In car accident cases and work injury cases, there is usually a no-fault insurance system that applies and prevents a lawsuit, but there are often ways around this restriction.
In any case, when you get compensation from an insurance claim against the defendant’s policy, you should consult with a lawyer and make sure that the payout is high enough to cover your damages. If damages are missing, your lawyer can negotiate for higher damages or file a lawsuit to have a judge and jury award full damages.
If you accept a settlement from the defendant’s insurance company, that functions as a settlement for all claims related to this accident. This means that you cannot go back later and claim additional damages; you are left with what you settled for. Because of this, you should never accept money or sign paperwork without reviewing it with a lawyer first.
Knowing What Your Case is Worth in Irondequoit, NY
Before you accept an insurance payout or a settlement offer, you should know what your case is worth. Our attorneys can help you total up all of the damages from bills and other financial statements to calculate your economic damages. We can also look into future lost wages and other expenses that will arise because of your injury and determine how much these cost. That will potentially require us to hire financial experts. In addition, we can also help you estimate the cost of your non-economic damages like pain and suffering so that you get full compensation.
Never trust the insurance company or the defendant to have your best interests at heart. These companies will always seek to cut costs where they can, which often means reducing payouts or denying liability. It often takes letters and calls from your lawyer or a lawsuit to push them into paying what they owe you.
Call Our Irondequoit Personal Injury Lawyers Today
Call The Carrion Law Firm today at (718) 841-0083 for a free review of your injury case with our personal injury attorneys.