Medford Personal Injury Attorneys | Walker & Mackenzie
Medford Personal Injury Attorneys
Accidents happen in Medford and other cities of New York every single day. Although some people would want you to believe that an accident was no one’s fault, the truth is that the vast majority of such incidents are preventable and happen because of someone’s negligence.
If you or your loved ones have suffered an injury in an accident in Medford, we can help you get fair compensation. Contact personal injury lawyers at Walker & Mackenzie today.
Types of Personal Injury Cases We Handle
At Walker & Mackenzie, we specialize in several different types of personal injury cases, including:
- Car Accidents
- Pedestrian Knockdowns
- Motorcycle Accidents
- Bicycle Accidents
- Construction Site Accidents
- Slip & Fall Accident
- Dog Bite Accidents
- Hit & Run Accidents
We have a team of highly qualified and experienced personal injury lawyers that has a cumulative experience of decades of experience, fighting for justice for people who have become victims of accidental injuries and property damage. Call today to meet our Medford injury attorneys!
Medford Personal Injury Attorneys | Walker & Mackenzie
Proving Negligence in Personal Injury Cases
Personal injury cases are based on the theory of negligence. It is the job of the victim who was hurt in the accident to prove that his damages were caused due to the carelessness of the other party.
To determine negligence, you have to consider the four elements below:
- The defendant owed a reasonable duty of care to others
- The duty of care was violated
- The violation of the duty of care was the cause of the injury
- The plaintiff was harmed because of the defendant’s action
As the person who is solely responsible for the accident that led to your injuries and losses, the liability of bearing the expenses should fall solely on the defendant. Call to learn more about our personal injury attorney Medford!
What is Comparative Negligence?
Personal Injury Attorney Medford
Some personal injury accidents are the fault of both parties and sometimes the injured party is partially at fault for their own injuries and the extent and severity of those injuries.
New York is a comparative negligence state, which means that if you are partially responsible for your injuries, you still will be entitled to compensation from the at-fault party, depending on your unique circumstances.
Our Medford injury attorneys know, in these cases, the court will assign a percentage of fault to both the parties during the trial and the person who suffered injuries will have their compensation reduced based on their share of fault. For example, if a person had a slip and fall injury in a grocery store while he was texting, the defendant can claim that the plaintiff was partly at fault for not seeing the spill or obstacle because they were distracted. Hence, if the plaintiff sustained $50,000 in damages and found to be 20% at fault, he will only be awarded $40,000 for his injuries.
Damages You Can Claim for in Personal Injury Cases in Medford, NY
Every personal injury case is unique and its compensation is influenced by various factors. Some of the potential damages you can claim for in Medford include:
- Current and Future Medical Expenses
- Cost of Rehabilitation and Therapy
- Lost Wages and Earning Capacity
- Pain and Suffering
- Loss of Quality of Life
- Property Damage
In some cases where the act was egregious, punitive damages may also be awarded to further punish the defendant for their negligence and deter similar behavior in the future.
Time Limit to File a Claim in Medford, NY
The statute of limitation in the state of New York depends on the type of your case. Typically, though, personal injury claims can be filed within three years from the date of the accident. Since a personal injury case is often quite complex, especially when it comes to determining who is at fault for the accident, it is important that you move quickly and hire an attorney as soon as possible after the accident.
If three years pass and you do not file a claim, you will lose your right to compensation from the at-fault party. Exceptions always exist but they are extremely rare.
These tips are brought to you by our personal injury attorney in Medford.
Walker & Mackenzie Personal Injury Lawyers in Medford
A person who has been injured in an accident in Medford may be in shock and in pain and may not be in the right frame of mind to make sound legal decisions. That is why it is so important for them to get Medford injury attorneys that can negotiate with the insurance companies on their behalf, calculate the cost of the damages, gather evidence to prove negligence, and build a solid case that has a high likelihood of the plaintiff winning the case.
At Walker & Mackenzie, we will fight for fair and just compensation for you from day one. We will first try and negotiate a fair settlement out of court but if we believe justice is not being served, we are not afraid to take your case to trial to get you the compensation you deserve.
If you or a loved one has suffered a serious injury because of the carelessness of another party, contact us today. We offer a free no-obligation consultation for you and can help you get your life back on track.