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Rochester Personal Injury Lawyer

Personal injuries happen every day, to many different people. Usually, these injuries happen due to human error and negligence. When a person is acting carelessly and it harms another, this might be the basis for a personal injury claim.

Understanding your rights and speaking with a Rochester personal injury lawyer can help you learn more about your options. Being hurt is serious, and you shouldn’t have to deal with the costs on your own, especially if the injuries were due to no fault of your own. Reach out to the attorneys at Brown Chiari LLP if you’re struggling to recover.

Common Personal Injury Case Types

There are a number of incidents that can be covered under personal injury. This is what makes this type of claim more complicated. You can expect to find claims such as the below types, but this is only a sample of the types of claims we may accept. Talk to your lawyer about your options for action.

Motor Vehicle Accidents

Car accidents usually occur due to human error. When this error was due to negligence, the person at fault should be held responsible. These accidents may be caused by anything from texting and driving to speeding.

The odds of a catastrophic injury are higher in a truck or motorcycle accident. This is because trucks are much larger and not as easy to maneuver, and motorcycles offer little protection for motorists. These accidents can come with lifelong medical treatments and loss of income.

Slip-and-Fall Accidents

Slip-and-fall accidents can happen almost anywhere. When the right signage or warnings are not in place, the place where the accident happened might be held liable. These accidents can come with serious injuries to the back and spinal cord. That may mean years of rehabilitation and therapy for you.

Dog Bites

No one wants their dog to bite another person, but animals are unpredictable. When they’re poorly trained, not leashed, or are running loose in a neighborhood, they may hurt someone. The owner also may be liable for the damages depending on the circumstances. Dog bites can lead to infections, serious disfigurement, and other medical concerns.

Wrongful Death

Losing a loved one to someone else’s careless mistake is devastating. Suing for the funds you need to recover may be a necessity. Speaking with a law office should be the first thing you do when you think someone was negligent in these situations. They can advise you on the best course of action.

Construction Accidents

Construction sites are dangerous places to be. When you’re working on them, or just passing by them, accidents can happen. Depending on the situation, the city, state, municipality or employer may be at fault.

Defective Products

Manufacturers of products may not mean to do harm, but they may be liable when a product is dangerous. Failure to warn or fix dangerous errors makes them liable for any injuries to the customers using their products.

Compensation for a Personal Injury Claim in Rochester

There are costs associated with getting harmed in an accident. These costs should be paid for by the one who is responsible. This compensation can cover the following:

Doctor appointments and other medical costs
Property damage
Loss of income
Pain and suffering
Emotional distress

Some injuries are much more expensive to treat and care for, especially those that are long-term. Spinal cord and brain injuries can be more costly than other types of injuries. A law office can calculate how much you should be compensated depending on the injuries, costs, and more.

Proving Negligence in a Rochester Personal Injury Case

Negligence has to be proven in any personal injury case. You and your lawyer may need to prove the at-fault party didn’t meet a basic standard of care, and because they failed to do so, they left you seriously injured.

Proving negligence can be tough. This is why a law office that is experienced in personal injury cases can help you obtain the evidence you need to prove negligence. Some evidence that may be collected and used include the following:

Photos and videos of the accident, injuries, and debris
Testimony from witnesses and experts
Records of texts, calls, emails, or social media posting
Police reports and other evidence collected by police
Accident reconstruction that shows the cause of your injuries
Medical records that document your injuries

This is all crucial evidence that is used in your case. No matter how big or small, you want to collect everything. You want more than just one piece of evidence for your case to prove what happened.

Negotiation vs. Litigation in a Rochester Personal Injury Claim

Sometimes, a case will settle outside of court. This is usually recommended in many instances because it requires fewer resources. However, the law firm will negotiate the best settlement amount for you based on the factors of your specific case.

At other times, a lawsuit may need to be filed. This could be when the defendant’s insurance is failing to comply or provide an appropriate settlement, the claim is denied altogether, or other reasons specific to the case.

Negotiations are important because the law office is trying to settle the case for the best amount of money that covers your needs. If negotiations are not working out, a lawsuit is your next option to get the funds you’re due.

Deadline for Filing Rochester Personal Injury Claims

Filing a personal injury claim cannot be done at any time. There is a statute of limitations that you must follow if you want to recover compensation for your damages.

According to New York law, you have up to three years from the date of the injury to file for compensation. Failure to file within this deadline can result in being barred from receiving compensation.

But different claim types may have different statutes and time limits. If the claim is a wrongful death claim, you have only two years to do this. Medical malpractice victims have two years and six months, while those with missed diagnosis victims have two and a half years from the day they discovered the diagnosis.

Seek Help from a Rochester Personal Injury Attorney

Contacting a law firm is the first step you should take after a personal accident or injury. Contacting a Rochester personal injury lawyer can help you understand your rights and the steps you need to take to get justice.

At Brown Chiari LLP, we can help you find out more about your specific personal injury case. Call 716-681-7190 or fill out the contact form to get in touch with our team for a free consultation. We can help you go over the details and next steps for your particular situation.

Rochester Personal Injury FAQ

When you’re hurt by another Rochester resident, you may have questions about your recovery. Overcoming a serious injury isn’t easy, and your next steps may not be clear.

If you have questions about your case, reach out to a Rochester injury attorney for help. While you wait for your free consultation, check out some of the commonly-asked questions we’ve answered below.

What are the steps in a Rochester personal injury lawsuit?

When the accident happens, make sure to receive the proper medical attention. After this, you want to give a statement to the authorities that show up after the specific accident. Information from others involved should also be collected. Then, contact a Rochester legal office that can guide you through your case.

What are damages?

Damages are the compensation you receive for both economic and non-economic losses and suffering you have experienced. Economic damages are measurable and include things like medical bills and lost wages. Non-economic damages include loss of quality of life, anguish, despair, and pain and suffering. These damages are not as measurable and do not have a set amount owed on them. Punitive damages might also be awarded in some cases.

How long does it take to settle a personal injury claim?

Since every case is different, there is no set schedule your claim can be settled in. In some instances, the case may be prolonged. Insurance companies often use this tactic to get out of paying so much. While your lawyer can’t give you an exact timeline, you can expect them to take the time needed to maximize your compensation.

What can I do if my child was injured?

Your child’s injuries are important, but they can’t represent themselves in court as a minor. When this happens, you and your lawyer can seek a guardianship appointment in the courtroom, called guardian ad litem, that allows you to act now for your child’s case. If you choose not to act, your child’s time limits start when they turn 18.

I think I was partly at fault for my injuries. Can I still sue? .

Admitting fault can leave you receiving less than you’re owed for your injuries. Rather than accepting partial fault, talk to your lawyer about defending your Rochester personal injury claim and getting the compensation you’re due.

What if I can’t afford a lawyer?

Many people are concerned about the cost of a lawyer, but our Rochester injury attorneys work on contingency fees. That means you only pay a percentage of the compensation you receive in the courtroom. If we don’t win, you don’t pay anything.