Does it Matter who is at Fault?NY/NJ Legal News
Every year, thousands of people across the state are injured in motor vehicle accidents. These accidents often result in devastating injuries. In many cases, victims have to take time off work and seek medical treatment for their injuries. Not only are victims left with physical and emotional injuries, but their vehicles often sustain thousands of dollars in damages.
When victims are harmed in accidents, they may not be prepared to cover the financial burdens they face. Vehicle repairs, medical expenses, and other damages – while being forced out of work – can be a difficult thing to handle. Thankfully, some victims are able to obtain compensation to cover the financial burdens they face.
Compensation Available for Victims
In some cases, victims may be able to obtain compensation to help alleviate the financial burdens resulting from their accidents. Those harmed are able to collect compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damages
- Punitive damages
- And more
Working with an aggressive personal injury attorney is a victim’s best bet for recovering the maximum amount of compensation available.
How to Collect Compensation
When victims are harmed in accidents, they must prove that the other party is responsible in order to collect compensation. In some cases, victims can share responsibility. Shared responsibility is covered under comparative negligence. These laws enable victims to collect compensation so long as the defendant is over 50 percent responsible for the accident.
Proving fault is critical in being able to collect compensation. Victims must prove four elements of fault to win their claim. These elements include:
- Duty of Care: The defendant had a duty to provide care to the victim. Essentially, drivers are supposed to be alert and mindful of others sharing the road.
- Breach of the Duty: The victim must prove that the defendant breached their duty to provide care. The defendant acted in a way that would cause harm or injuries to another.
- Causation: The victim sustained injuries as a result of the defendant’s breach of their duty to provide care.
- Damages Resulted: The victim must have sustained damages as a direct result of the defendant’s breach of the duty of care which caused them damages.
Although it may seem simple to prove someone else is at fault in certain situations, insurance companies do not like to cooperate with innocent victims. For this reason, it is crucial that victims work with a reputable injury accident attorney to ensure their legal rights are protected.
Metro Law is Here for You
For over 40-years, Metro Law’s personal injury attorneys have helped countless victims hold wrongdoers accountable. We work diligently to ensure victims collect the maximum amount of compensation available for their claims so they can move forward from their accidents and focus on getting better. If you were injured in an accident, due to another driver’s reckless actions, contact our law firm today at (800) 469-6476 to meet with our team to explore legal options available for you.