Law Office of John Fazzini by cjleclaire
Personal Injury Attorney
Apr 09, 2019 | 648 views | 0 0 comments | 41 41 recommendations | email to a friend | print | permalink

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What Does Negligence Mean in a Personal Injury Case?
by cjleclaire
Apr 30, 2019 | 4306 views | 0 0 comments | 1498 1498 recommendations | email to a friend | print | permalink

A Basic Understanding of Personal Injury Cases

Not every injury equals a personal injury case. Certain factors or “grounds” must exist before you can file a personal injury lawsuit.

In a personal injury lawsuit, your lawyer must also prove the existence of certain factors to win a case.

What Is Negligence?

Negligence is a legal term that courts and attorneys frequently use in personal injury cases. In general, negligence refers to a person’s action or inaction that causes injury to someone else. An example of negligence would be the failure to put a barricade around an open manhole during construction work. Consequently, a pedestrian, who does not see the hole, falls into it and suffers injury.

What Elements Must an Attorney Prove in a Personal Injury Case?

The four main elements a lawyer must prove include:

  • Duty. The person who caused the injury had a legal duty to the person who suffered injury. For example, drivers on roadways have a legal duty to other drivers. They must obey traffic laws and drive safely.
  • Breach of duty. The individual who caused injury breached the legal duty by doing something harmful or by not preventing harm when they should have. An example would be a driver who was speeding and caused an accident in which another driver was injured. Another example would be a driver who failed to yield the right of way and consequently crashed into another car.
  • Causation. Causation refers to the fact that the responsible party’s action or inaction resulted in the injury. The attorney must prove there was a relationship between the action/inaction and the resulting injury. For example, if a drunken individual left a bar, and while driving home caused an accident, the establishment serving liquor could be held liable for the accident injury. However, if the drunk driver arrived home, drank more alcohol and a few hours later drove and caused an accident, it may be difficult to prove the establishment had any liability.
  • No case exists unless there are damages. The party bringing the lawsuit must have suffered injury as a result of the liable party’s actions.

If you have suffered a serious injury and believe someone else was at fault, you should contact a personal injury lawyer. Find out what your rights are to recover compensation for damages.

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What Are Statutes of Limitations in Personal Injury Cases?
by cjleclaire
Apr 09, 2019 | 4497 views | 0 0 comments | 638 638 recommendations | email to a friend | print | permalink

Deadlines for Bringing Lawsuits

When you hire an attorney to file a lawsuit, there are a lot of legal terms that may seem confusing. Statute of limitations is sometimes one of those terms. However, it is vital to understand what it means because it could result in the difference between being able to pursue a lawsuit and discovering that you no longer have that right.

What Is a Statute of Limitations?

A statute of limitations is a time limit for bringing legal action. It establishes the maximum amount of time to bring a claim for a certain type of offense. Once that time limit has passed, the statute of limitations expires, and your window to file a lawsuit has closed.

What Are the Time Limitations for Filing a Personal Injury Lawsuit?

A personal injury lawsuit is a legal action taken to recover compensation for damages when another person has caused the physical injury.

Under New York law, you must file the lawsuit within three years of the date when the personal injury occurred.

(There are exceptions, such as lawsuits filed for medical, dental or pediatric malpractice and certain other lawsuits. These have different time limitations.)

What Is the Statute of Limitations for Wrongful Death?

When a person’s wrongful actions cause the death of another person, grounds may exist for a wrongful death lawsuit. The person who is suffering loss from the death can pursue compensation through a lawsuit. The statute of limitations for a wrongful death lawsuit in New York is two years from the date of the person’s death.

If the person suffering the damages is a child or is legally incapable of filing the claim, then the individual’s guardian must file the claim.

Claims that involve the government or a municipality have shorter statutes of limitations and you should seek legal help right away.

When Should You Consult with an Attorney?

Whenever personal injury damages are significant or when you have lost a loved one due to wrongful death, it is wise to speak with an attorney. Knowing what your legal rights are can help you decide whether to pursue a case. The attorney can explain the statute of limitations that applies to your particular situation.

An experienced personal injury lawyer can evaluate your concerns and let you know what the prospects are for bringing a lawsuit. Initial consultations to discuss the case are free, and attorney fees only apply when the lawyer is successful in recovering compesnation.

 

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