If you have been hurt in an accident like a motor vehicle collision or a slip and fall, you probably have a lot of questions. Who is responsible for my medical bills? How do I file a claim against the person who caused the accident? What do I need to prove in order to win my case? How much time do I have to take action? Experienced Saratoga County personal injury attorney Gregory P. Garofalo can explain the answers to these important questions and guide you through the legal process. He can represent New York residents who need a car accident lawyer or representation in other personal injury claims.
One of the most important things to know about any personal injury case is that the burden of proof is on the plaintiff. Except with regard to very minor automobile accidents in which the parties may rely upon their own “no-fault” insurance coverage, a victim seeking to recover damages from the party whom they believe caused a crash must prove that the allegedly responsible person or entity failed to use reasonable care under the circumstances.Pursuing Compensation Through a Personal Injury Claim
First, the victim must prove that the defendant owed a legal duty to them. This is usually defined as a duty of reasonable care, which means that each of us must take appropriate precautions to prevent exposing other people to unnecessary risks of harm. The second step is showing that there was a breach of this duty by the defendant. In other words, the defendant must have done something that a reasonable person would not have done or failed to do something that a reasonable person would have done. This may be determined by considering physical evidence, eyewitness statements, and the opinions of experts, such as car accident reconstructionists.
The plaintiff must prove by a preponderance of the evidence that they suffered actual damages, which may include medical bills, lost income, pain and suffering, property damage, the costs of future treatment, and loss of consortium. There also must have been a link of causation between the defendant’s breach of duty and the harm suffered by the plaintiff. This usually involves proving that the accident was foreseeable in view of the defendant’s careless conduct and that it would not have happened if the defendant had met the standard of care.Seek Guidance from a Knowledgeable Personal Injury Attorney in Saratoga County
Even when liability seems clear, complicated legal issues may arise in any situation. This makes it critical to enlist capable legal representation. To get your case headed in the right direction, call Saratoga County personal injury lawyer Gregory P. Garofalo at 518-584-1557 or contact us online and ask for a free case evaluation. He assists victims in Ballston Lake, Ballston Spa, Malta, Rotterdam, Clifton Park, Saratoga Springs, Gansevoort, Waterford, Albany, Latham, Schenectady, Glens Falls, Queensbury, and other communities in Saratoga, Albany, Warren, Washington, and Schenectady County. We approach each and every case that we accept with a focus on integrity, and we consider our many satisfied client referrals throughout the Hudson Valley region to be evidence of the quality of the representation that we provide. If you need a drunk driving accident attorney or guidance in any other type of motor vehicle collision or personal injury claim, we are ready to assert your rights to the fullest extent of the law.