Can I Sue After an Accident?
Suing After an Accident
After a serious accident, you may wonder about suing for your personal injuries. While the determination of a good case should be evaluated by an experienced personal injury attorney, there are some basics that may help you understand suing after an accident.
For the court to consider your personal injury suit, the party that you’d like to hold responsible for your injuries must have been negligent. Under the law, negligence must fulfill four elements:
- The at-fault party must have owed you a duty of care. In most accident cases, the care is general and is owed to the public. For example, a driver owes others on the road a duty to drive carefully and FREE from distraction.
- The at-fault party must have neglected his or her duty to act with care. In the case of a driver, texting while driving is an example of a “breach” of duty.
- The at-fault party’s failure to fulfill the obligation to act with care must have directly caused your injuries.
- You must have been actually harmed or injured by negligence.
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It’s important to remember, however, that these elements are best evaluated by an experienced personal injury attorney who is able to provide you with legal advice. A knowledgeable lawyer will be able to more accurately evaluate the strength of your case and help you determine whether you want to sue the at-fault party. In many cases, a personal injury lawyer will also assist you in dealing with the insurance companies after an accident.
After an accident, contact the New York law office of Tolmage, Peskin, Harris, Falick or call 866-502-9091 to schedule your FREE initial consultation to discuss your accident with experienced personal injury lawyers.