Monticello Personal Injury Lawyer
If you have been injured as the result of someone else’s negligence in Sullivan county or Monticello, the attorneys at Scott Russell Law, Monticello Personal Injury Lawyer, can help you assert your rights. Our highly experienced team can determine what claims you may be able to file.
Basic Elements of Personal Injury Claims
To file a personal injury claim, the following elements must be established: duty, breach of duty, and causation.
- Duty means that the person who caused your injuries had an obligation not to injure you. For example, you may be able to file a claim against a doctor who injures you during surgery because he or she was supposed to care for you, not harm you. However, as the New York City Bar states, “The law does not impose an absolute responsibility on everyone to take care of everyone else in all situations. So, some injuries are simply accidents, not addressable in court.”
- Breach of duty means that the person who injured you – or the company that made the product that injured you – owed you a standard of care.
- To prove causation, your attorney must be able to show a link between that breach of duty and your injury.
Motor Vehicle Accidents
Motor vehicle accidents are some of the most common personal injury claims. New York, which requires every driver to carry car insurance, is a no-fault state. That means insurance will pay up to a certain amount of medical expenses and lost wages to pedestrians and passengers regardless of who caused the accident. To pursue additional damages, you must file a claim through the courts. The personal injury lawyers at Scott Russell Law can help you navigate the process of filing a lawsuit, negotiating potential settlements with insurance companies, and preparing for trial if you have been hurt or injured in an accident in Monticello.
In New York, you may be able to file a medical malpractice claim if you suffered an injury or serious illness because a doctor failed to act or acted negligently during the course of your care. The New York City Bar Association provides the following examples of medical malpractice: improper treatment, birth injuries, failure to diagnose or misdiagnosis, prescription mistakes, failure to monitor, surgical errors, and failure to inform the patient of risks prior to performing a procedure. In some cases, such as when a surgeon operates on the wrong side of the body or leaves a surgical tool inside the patient, medical malpractice is obvious. It may not be so obvious in other cases. If you believe you have been injured as a result of a medical mistake, please contact our attorneys today for a free consultation.
Other Personal Injuries
Many personal injury claims are filed as the result of a slip-and-fall accident, or premises liability. A New York property owner may be held liable for a serious injury if he or she neglected to remove snow and ice from a sidewalk, failed to mop up a spill, or knew about something that needed to be repaired but did not fix it and neglected to caution others about the problem.
To learn whether you would be able to prove duty, breach of duty, and causation in your potential personal injury claim, contact the attorneys at Scott Russell Law, Monticello Personal Injury Lawyer, in Monticello and Sullivan County today for a free consultation – we can handle any legal matter related to your personal injury claim.