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31Aug/100

Should You Sue for Your Accident Injuries?

A common question clients ask is if they should sue for injuries sustained in an accident. The answer is usually multifaceted, and depends upon many different aspects of the case. When making the decision to sue or not, a few things to consider include the following:

Was the accident the result of negligence, carelessness or recklessness? Malicious or intended harmful actions are typically the stuff of criminal lawsuits. For a civil case, your accident attorney needs to show that a reasonable amount of caution or care was not taken, and that failure to do so resulted in your injury. It does not matter whether or not the responsible party meant to do harm. What matters is that it occurred, and they can be held accountable.

Many different defendants can be named in a lawsuit. Certain individuals and agencies have a responsibility to protect others from harm. Keep in mind that any responsible parties not present at the time an accident occurred may still be liable. For example:

  • If you were injured in a car accident, partial blame may lay with your mechanic, for missing an important aspect of routine maintenance that would have prevented a tragedy.
  • Road maintenance crews and their supervisors may fail to fill the potholes that cause a crash.
  • Doctors can fail to diagnose a serious illness, leading to irreparable bodily harm, and even death.
  • A defective product can result in a need to sue the manufacturer, distributor or retailer of the item if it caused an injury. This type of suit falls under the heading of products liability.
  • If you are on property belonging to another person or company, and there is a reasonable expectation for you to be there, those parties can be sued in a slip and fall case. They have a responsibility to maintain your well-being while you are on their property.

Does enough evidence exist for your case? Did you suffer a loss due to your injuries? Were there witnesses to the accident? Is there a direct link between the harm caused and the failure of the defendant to act responsibly? Although these are all good questions to consider, in the end, your New York accident attorney is the best person to determine if you have a potentially winning suit.

Are you looking for an accomplished New York accident law firm? Stephen R. Foley and his New York accident law firms give you comprehensive legal help to restore your financial health. We're locates at 36 Church St, Buffalo, NY 14202.

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