Garden City Personal Injury Lawyers
Whenever you suffer an injury due to the negligence of another party, you may be able to recover compensation. However, do not make the mistake of thinking recovering compensation is easy. It can be a long and difficult process. Fortunately, you have help from a Garden City personal injury lawyer.
Liability depends on the type of accident. Consider the potential liable parties for common accidents we see:
- Car accidents/motorcycle accidents: Liable parties can include the other driver, a pedestrian, bicyclist, or even the entity in charge of road maintenance.
- Truck accidents: The truck driver, trucking company, maintenance company, or manufacturer can all be liable in a truck accident.
- Slip and falls: Liability depends where and how the slip and fall occurred. For example, if you slipped and fell at a grocery store, the grocery store would likely be liable. If you fell at your friend’s apartment, either your friend or the friend’s landlord could be liable.
- Concert and club accidents: Depending on the source of your injury, another concertgoer or the venue might be liable.
- Construction accidents: Liable parties might include another contractor, an engineer, product manufacturer, designer, or property owner.
- Dog bites: In the case of a dog bite or attack, the liable party will be the dog’s owner or handler.
Elements of an Injury Claim
There are four components in a valid personal injury claim which a Garden City injury lawyer can help establish:
Duty of Care
The person or company against whom you make your personal injury claim must have had some duty of care toward you. For example, drivers have a duty of care not to drive when under the influence of alcohol or other substances.
Breach of Duty
The person or company must have breached the duty of care. Following the same example, if the person who injured you was driving while under the influence of alcohol, s/he breached her duty of care toward you.
The negligent act of the defendant must have been the cause of your injuries. If the accident in which you were injured resulted from the defendant being under the influence, it satisfies this component.
If, on the other hand, your injuries resulted from you texting, and there just happened to be a drunk driver involved in your accident, the drunk driver was not the cause of your injuries.
In order to have a personal injury claim, you must have suffered damages. Merely being in an accident does not, in and of itself, give you a personal injury claim.
If you were fortunate enough to emerge unscathed from an accident, you do not have a personal injury claim. However, if your injury caused thousands of dollars in medical bills and required you to take a month off work, you may be able to recover.
Injury Claims Process
You need to go to the doctor.
Do not refuse medical treatment, even if you think you are uninjured. (Remember that some injuries take a few days or even a few weeks to manifest.) Refusing medical treatment can reduce the value of your personal injury claim or invalidate it completely.
If you refuse medical treatment at the scene, and then get medical treatment a week later, the defendant or insurance company might accuse you of faking your injuries.
Be mindful of what you say.
Be extremely careful about everything you say at the scene of the accident.
Answer the questions of the law enforcement officer, and talk to the emergency medical personnel as needed, but do not make any statements to other people at the scene, other than to get the names and contact information of witnesses. Involved parties can take things you say out of compassion or the stress of the moment out of context and use them against you down the road.
Refrain from posting on social media while the investigation is going on. Insurers can use your posts against you.
Insurers may try to trick you; get good legal advice as soon as possible.
The insurance companies will try to talk you into giving a recorded statement during which they might trick you into admitting fault. You should never do this without first getting the advice of a lawyer.
It is also important to talk with a lawyer as soon as possible because evidence and eyewitnesses can disappear. You will have legal time limits for pursuing your claim. These deadlines can pass quickly.
How a Garden City Injury Attorney Can Help
We are on a mission to help people. Our website has a mountain of information in the blog, the FAQ, and library sections for one reason — to answer your questions. If you do not find the answer to your questions there, call us. Our Garden City personal injury lawyers will take the time to listen to you. And we will answer your questions. It is not about us — it is about you.
We have many years of experience helping people get the compensation they deserve. We look forward to helping you with your claim.