When someone’s negligence has caused you injury, the law allows you to make a claim against them for the damages you suffer as a result. You have a right to full and fair compensation from the person legally responsible for your injury, and Dennis Herron & Associates can help you.
We are a personal injury law firm serving clients in the Rochester, New York area.
For over 25 years, we have been partnering with clients on their most important and complex cases.
We have recovered millions in verdicts and settlements for victims of other’s negligent or wrongful actions.
If you have been injured by another person’s wrongdoing, you may be facing a long road of recovery ahead. Put your case in the hands of a proven team of Rochester, New York personal injury lawyers and we will fight for you while you focus on your recovery. Call us at 888-974-6400 to schedule a consultation and case review.
What is Negligence in Personal Injury?
In a personal injury claim based on negligence, the injured victim must prove negligence to hold the at-fault party financially responsible for their injury.
To prove negligence, the injured victim must prove all the elements of their negligence claim. The elements of negligence are:
Duty of Care Owed the Victim: Every person in society must take care to avoid causing harm to others. Every person must consider the possible consequences of their actions and take precautions to avoid causing harm. Generally, the standard of care owed by any person is an objective standard. The test is the expected actions of a reasonable person in the same situation.
The At-fault Party Breached Their Duty: When a person fails to act as expected of a reasonable person in the same situation, it can be a breach of their duty of care. For example, every driver owes a duty of care to other road use and must act reasonably to avoid causing harm to others. Reckless driving, driving while intoxicated, and disobeying road signals are all examples of a breach of the duty of care owed to other road users.
The Breach Caused the Victim’s Injury: The at-fault party’s breach of their duty resulted in an incident that caused the victim’s injury.
The Breach was the Proximate Cause of the Victim’s Injury: The proximate or legal cause of a victim’s injury may be different from the actual cause of their injury. When a person is injured in a car accident, the actual cause of the injury is the fact of the accident. However, further investigation may reveal the car accident was caused by a defectively manufactured automobile part. While the actual cause of the victim’s injury was the car accident, the primary cause of their injury may be the defective part, which would give rise to a product liability case in such an instance.
The Victim Suffered Actual Damages: The objective of personal injury law is not to make a gratuitous gift to any person injured by the actions of another person. The victim must have suffered actual damages as a result of their injury. Actual damages could include medical expense, lost wages, and mental anguish.
To succeed on a claim based on negligence, the victim must provide compelling evidence to prove all elements of their claim. Failure to prove any element of negligence will be fatal to the claim. This is why it is important to consult with a personal injury lawyer experienced in representing clients who have been victims of the same type of injury.
How Can a Rochester New York Personal Injury Lawyer Help You?
If you have been injured because of another person’s negligence, you need an experienced personal injury lawyer who understands your case to fight for you. The other party will have their lawyers working hard for them to avoid liability for your injury. With Dennis Herron & Associates by your side, they will know that you are serious about your case. What you need is a personal injury lawyer who knows the law and has a proven record of wins for their clients. This is what you get when you choose Dennis Herron & Associates.
If you have been injured as a result of another person or entity’s negligence, take action today and call 888-974-6400 to schedule a consultation with one of our experienced Rochester, New York personal injury lawyers. Time may be running out in your case, so do not delay. Make the call today.