Personal injury lawsuits allow plaintiffs to recover financial compensation for injuries that were incurred as the result of other parties’ negligence. There are several types of damages that may be compensated through such cases. For example, victims may be awarded payment for their medical bills, lost income, property damage, physical pain, and emotional suffering.
However, the route to payment can be complicated. Defendants in personal injury lawsuits are often represented by insurance companies who have a great deal of resources at their disposal. For instance, defendants’ insurers often hire expensive legal teams, medical experts, and private investigators to try and dispute plaintiffs’ claims. Accordingly, support from legal representation can be very valuable to victims when fighting for adequate compensation.
Seek help from our experienced personal injury lawyers by calling The Martello Law Firm at (914) 685-6950 to review your potential case for free.
What if You Share Some of the Blame for Your Personal Injury in Cortlandt, NY?
There are situations where potential plaintiffs can share fault for their personal injuries. For example, someone may share fault for their motor vehicle collision if they were speeding when they were hit by a driver who ran a red light. Further, someone may share fault for their slip and fall accident if they were wearing shoes with worn tread when they slipped.
If you share blame for your accident, then our personal injury lawyers can still recover payment for your injuries. However, the court may limit the amount of compensation you are awarded.
Courts in New York adhere to the rules of “pure comparative fault” when apportioning damages in personal injury cases. In other words, payment is awarded based on each party’s percentage of blame. As an example, if you are 30% accountable for your harmful accident while the defendant is 70% at fault, then they will have to pay for 70% of the damages you sustained while you must account for the remaining 30%.
In some other states, victims are restricted from pursuing payment if they are considered to be over 50% liable for their accidents. However, no such rule exists in New York. You may still recover compensation for your personal injury regardless of your degree of fault.
Proving Fault for a Personal Injury in Cortlandt, NY
In order to recover monetary damages in a personal injury lawsuit, you must present evidence that proves the defendant is at fault for your injury. There are many different forms of evidence that may be used to establish fault. For instance, any of the following may be utilized to support your claim:
Witness Statements
Witness statements are accounts provided by individuals who observed the accident or its aftermath. Examples of potential witnesses include passengers, pedestrians, workers, and motorists who were present at accident scenes. These parties can offer valuable testimony that establishes how or why certain accidents happened.
Accordingly, you should always attempt to recover contact information from potential witnesses to your accident. Afterwards, the team at our law firm will help reach out for their potential cooperation.
Physical Evidence from the Scene of an Accident
Physical evidence refers to tangible items or objects found at the accident scene that can help reconstruct the events leading up to the incident. For example, this evidence can include tire marks, debris, and clothes worn by victims. Physical evidence can corroborate or challenge the accounts provided by witnesses and may offer critical insights into the sequence of events leading up to an accident.
Photos from the Scene of an Accident
Photos taken at the scene of an accident can also be helpful when establishing fault. For example, photos of a slippery spot on the floor may be used to identify factors that contributed to a slip and fall. Further, photos of faulty equipment may prove that a construction accident happened because a worker was handling a defective product.
Additionally, photos from accident scenes can help disprove defendants’ alternative theories of blame. For instance, a defendant may assert that their motorcycle accident is related to poor weather conditions. In that case, photos from the crash scene depicting clear weather could be presented to discredit the defendant’s assertion.
Surveillance Footage
In some cases, surveillance cameras in the vicinity of accident scenes may offer valuable recordings. Such footage can be compelling evidence as it explains the events that unfold before, during, and after harmful accidents. For example, if a security camera outside a store captured the collision and shows that the defendant’s vehicle clearly ran a stop sign, it can be crucial evidence in establishing fault.
Expert Witness Statements
Expert witness statements come from professionals with specialized knowledge or expertise relevant to the case. These experts can be accident reconstruction specialists, medical professionals, engineers, or any other relevant field experts. Their testimony can help the court understand complex technical aspects of the case, such as the mechanics of the accident or the extent of the plaintiff’s injuries. For instance, an accident reconstruction expert may use skid mark measurements and vehicle data to demonstrate that the defendant was driving at an excessive speed, leading to the collision. Expert witness statements can provide authoritative insights that support claims of fault.
Accident Reports
Accident reports are official documents prepared by law enforcement officers or other authorized personnel shortly after accidents occur. An accident report typically contains crucial details about the incident at issue, including its date, time, and location. Furthermore, an accident report may provide witness statements, a description of the accident scene, and information pertaining to any citations or charges issued.
Accident reports may be valuable to plaintiffs in personal injury cases because they provide an unbiased and objective account of the accident, which can be used to determine fault.
Call Our Personal Injury Lawyers for Help with Your Case in Cortlandt, NY
If you were hurt because of another party’s negligent conduct, get support from our experienced personal injury lawyers at The Martello Law Firm by dialing (914) 685-6950 to review your claim for free.
