Our Accident Attorneys Determine Whether You Have a Viable Case
Accidents that cause severe injuries can have devastating results, including hospitalizations, surgeries, and the need for continuing care. Victims may be left dealing with tremendous pain and suffering, and mounting medical bills at a time they are unable to work. Their lives may never be the same. If you or a loved one has suffered such an injury due to someone else’s negligence or fault, a Buffalo personal injury lawyer may be able to help you get compensation for your losses through insurance or a lawsuit. While no amount of money can truly make up for your suffering, a financial settlement can help by covering the costs of medical and rehabilitative treatment and care and alleviate your financial burdens so you can focus on rebuilding your life.
Not every accident is due to another party’s negligence, so it’s normal for victims and their families to wonder whether they have a viable lawsuit. The fight to get compensation is not an easy one. New York laws are complicated, and insurance companies and their lawyers will attempt to deny claims, dispute your case, and pay out as little as possible.
Fortunately, there is help available from a Buffalo accident injury lawyer at Feroleto Law. Our experienced attorneys are extremely knowledgeable in both New York state and federal law, so the most effective way to find out if you have a case is to schedule a free consultation at our office in Buffalo, New York.
We have been assisting people in Buffalo and in locations across upstate New York to get compensation for almost 40 years, and we can do the same for you. In your free consultation, we can evaluate the facts of your accident and injury situation and determine whether you have a viable case and the best way to handle it. We have a no fee guarantee — if we don’t win, you don’t owe us compensation. You pay nothing unless and until we win a settlement for you.
Call us today to get started at 716-854-0700.
What is a Viable Lawsuit?
A viable lawsuit in most personal injury cases involves being able to prove that another party was negligent and at fault for causing the accident that led to your injuries and is, therefore, liable for the damages you received. If you think another party was unreasonably careless, the best way to determine whether the party acted negligently is to talk to an experienced injury attorney. The information below should give you a general idea of whether we can prove negligence or fault. If you believe you or someone you love may have been the victim of another’s negligence, a free case evaluation with one of our talented attorneys is a critical step in the legal process because this is one major element to all personal injury and wrongful death lawsuits.
What is Negligence in a Viable Lawsuit?
To win a viable civil lawsuit related to any type of accident, our lawyers have to prove that the defendant acted negligently according to the legal definition of negligence. This is:
“The doing of something which a reasonably prudent person would not do, or the failure to do something which a reasonably prudent person would do to avoid loss, injury or damage.”
Our lawyers would have to show the existence of the following elements:
- Duty – The defendant owed you a duty of care.
- Breach – The defendant breached that duty.
- Cause – The breach caused your injuries.
- Damages – The injuries resulted in actual damages.
For example, in the case of a car crash, all drivers who get behind the wheel have a duty of care to drive as a reasonably prudent person would in similar circumstances. A driver could breach this duty by actions such as speeding through a red light or driving while drunk, drowsy, or distracted. If the driver crashed into you and caused your injuries, our attorneys would then document the losses you suffered as a result.
In some cases, there may be multiple defendants in a viable lawsuit. For example, if the driver’s brakes were defective and failed, the manufacturer of the brakes or the car may have contributed to the accident. Our accident attorneys would look to name them all, as they all may have insurance and assets that could go toward a settlement.
Damages You May Receive in a Viable Lawsuit
In a successful lawsuit, where it can be shown that the defendant in a personal injury lawsuit has acted negligently, he or she is held responsible for all damages associated with the victim’s injury or fatality, including:
Economic damages that cover monetary losses and expenses such as:
- Medical and rehabilitative expenses
- Lost wages and future earning capacity
- Property damage
- Funeral and burial expenses, in case of death
- Costs of modifying your home and vehicle, such as to accommodate a wheelchair.
Non-economic damages to compensate you for the negative effects of the injury on you and your family that do not have a specific cost, including:
- Physical and emotional pain and suffering
- Loss of consortium and companionship
- Permanent injury or partial disability.
Punitive damages – In some rare case, you may also be awarded punitive damages. The purpose is to punish the negligent behavior and discourage such behavior from happening again.
Amounts of Damage Awards in a Viable Lawsuit
There is a wide range of settlement awards you may receive in a viable lawsuit, from the thousands to millions of dollars, depending on the individual situation. Factors that will be considered include:
- The extent and severity of the injuries
- Whether injuries will be permanent and require long-term care
- Whether a death is involved
- Your age, earning potential and family situation
- Actual costs involved
- The skill of your attorney to negotiate, build and present your case
- The individual judge, jury, and jurisdiction should the case go to trial.
While no one can guarantee a specific amount, our Feroleto accident attorneys know how to determine what would be a reasonable settlement in your situation, and we will protect your rights and fight for optimum compensation. Call us today at (716) 854-0700.
Examples of Negligence in a Viable Lawsuit
There are many different ways that defendants are negligent and therefore can be liable in a viable lawsuit. Here are few examples:
Truck Accidents:If a trucking company allows its driver to drive too many hours and the driver drifts into and sideswipes a car, causing a crash, there is negligence. If the driver is speeding or texting and causes a crash, the driver is at fault.
Personal Injury: If a property owner fails to repair a hazardous stairway which causes an individual to fall, the property owner may be found negligent.
Defective Products: If a manufacturer makes tires improperly, causing them to have tread separation or blowouts resulting in crashes, or manufactures an SUV that rolls over, the manufacturer may be liable.
No matter what the situation, our attorneys will be there to find all liable parties and prove negligence. We will investigate the accident, gather evidence such as from photos and videos, interview witnesses and first responders, and examine police and medical records to show how the accident happened, who the at-fault parties were, and document the damages you have incurred.
Call us today while evidence is fresh and witnesses can be found.
Get Help from Our Accident Injury Lawyers in Buffalo
If you or a family member in the Niagara or Buffalo, New York, area has suffered an injury due to the negligence of someone else, Feroleto Law can evaluate your case at no charge to determine whether you have a viable lawsuit. Our passionate personal injury lawyers have the dedication and experience necessary to hold the guilty parties accountable and get you any restitution you and your family are entitled to.
We understand what you are going through and are here to help make things better. Don’t delay. New York has a deadline, called a statute of limitations, for filing a legal case. According to the statutes (CVP Chapter 3, Article 2 section 214, you generally have three years from the day of the accident to file a lawsuit or the courts are likely to refuse to hear your case. Our attorneys will make sure all paperwork and court filings are done in a timely manner.
If you believe you or someone you love has been the victim of someone else’s negligence, speak with one of our highly skilled accident lawyers today. There is no legal fee unless we win, so you have nothing to lose. Call today at (716) 854-0700.
Attorney John Feroleto
Attorney John Feroleto understands the value of hard work. He is known in the community and by his peers for his willingness to work and go the extra mile. Other lawyers often ask John to handle their trial matters to maximize clients’ recovery. Trial lawyers know who the best trial lawyers are. He was also named Trial Attorney of the Year in 2012 by the Western New York Affiliate of New York State Trial Lawyers Association. [ Attorney Bio ]