Personal injury claims can be complicated and a Rochester personal injury attorney with a history of successful trial litigation can help you make your case. With extensive experience in the courtroom, he is willing to go the extra mile for his clients. This attorney is a former prosecutor who is recognized in Super Lawyers Rising Stars lists, which are reserved for fewer than 2.5% of the lawyers in the state.
Getting a personal injury attorney after a brain injury
If you have suffered a brain injury, you may need the services of a personal injury attorney. While brain injuries may seem harmless at first, they can cause severe damage if not treated properly. You may even be accused of worsening your injuries, which may result in the insurers refusing to pay. You should focus on your recovery and seek the advice of a personal injury attorney after a brain injury.
If you or a loved one has sustained a traumatic brain injury, you may be entitled to compensation for your pain and suffering. Even a “mild” traumatic brain injury can cause life-changing changes. Doctors look for loss of consciousness, swelling of the brain, or abnormalities with language or emotion. In addition, a brain injury can cause a person to lose control of his or her heart rate, breath, or other body functions.
Duty of care in a personal injury claim
In a personal injury claim, the question of who was negligent is a key factor. The duty of care is a legal principle that is applied in many situations, such as when a negligent person caused an accident. Under the duty of care, a party is required to act in a reasonable manner in the same circumstances. Failure to follow this standard can result in injury or damage to another person. In such a scenario, the plaintiff’s lawyer will need to show that the negligent party failed to exercise care and diligence.
The responsibility of care imposes a legal obligation upon every driver. This duty includes following the law and operating a vehicle safely. The law in each state defines the duty of care for drivers. A breach of the duty of care can be the result of a negligent act or a reckless act. The duty of care extends to pedestrians and other road users. While a negligent driver may cause an accident, a pedestrian’s lack of safety may be the cause of the injury.
Elements of a successful personal injury claim
The elements of a successful personal injury claim are the duty of care, negligence, and damages. To file a personal injury claim, a plaintiff must establish that a defendant breached the duty of care by causing an accident. Moreover, the defendant must have acted negligently, which requires a direct and causal link between the breach of duty and the victim’s injury. Here are some examples.
Proving causation. As mentioned earlier, this is an important element. The plaintiff has to show that the defendant was negligent or that the condition was present on the property. The defendant must be responsible for the harm he or she caused the plaintiff. The plaintiff must also prove that the negligence was substantial. The damages must be quantifiable and the plaintiff must be able to make the defendant “wholly or partly” liable for the injury.
Finding a personal injury attorney in Rochester
When you are facing a serious personal injury case, you want to make sure you hire a seasoned lawyer with the experience to get the compensation you deserve. A Rochester, NY personal injury attorney at King Law is an example of an experienced legal professional who can help you prove the elements of a successful personal injury claim and recover the settlement you deserve. These attorneys have extensive experience in the courtroom and have a history of successfully representing clients in this area.
There are many reasons why a person may need to hire a personal injury attorney in Rochester, NY. First, personal injury lawsuits often result from medical malpractice. In such cases, medical professionals must have failed to meet accepted standards of care in order for a victim to receive monetary compensation. This means a Rochester, NY personal injury attorney must be able to demonstrate that the medical professionals failed to provide the required care to the patient, and that a person’s condition was exacerbated by the negligence of the health care workers.