Understanding Personal Injury Claims

To pursue a personal injury claim, certain elements must be established: duty, breach of duty, and causation.

  • Duty: Refers to the obligation of the person responsible for your injury to avoid causing harm. For instance, you might have grounds for a claim against a doctor who injures you during surgery because they were expected to provide care, not harm. However, it’s important to note that not every injury leads to a viable legal claim; some accidents are deemed unavoidable.
  • Breach of Duty: Occurs when the person or entity responsible for your injury fails to uphold a standard of care owed to you.
  • Causation: Requires demonstrating a direct link between the breach of duty and your injury.

Types of Personal Injury Cases

Our firm handles various types of personal injury cases, including:

  • Motor Vehicle Accidents: Among the most common types of personal injury claims, motor vehicle accidents can result in significant injuries. New York operates as a no-fault state for car insurance, but you may be eligible to seek additional compensation through a lawsuit with our assistance.
  • Medical Malpractice: If you’ve suffered an injury or illness due to medical negligence, such as misdiagnosis or surgical errors, you may have grounds for a medical malpractice claim.
  • Slip-and-Fall Accidents: Property owners in New York may be liable for injuries resulting from neglected hazards like uncleared ice or spills. If you’ve been injured due to a property owner’s negligence, we can help you determine the viability of your claim.

Seek Legal Guidance Today

To understand your potential for proving duty, breach of duty, and causation in a personal injury claim, contact Scott Russell Law, Monticello Personal Injury Lawyer, for a free consultation. Our firm is prepared to handle any legal matters related to your personal injury claim with dedication and expertise.

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