Buffalo Personal Injury Lawyer

Do I Have a Personal Injury Claim?

The matter of whether or not you have a personal injury claim is a topic that is best discussed with an experienced personal injury lawyer. There are, however, four elements that must be present in order to bring a successful claim that it can help to know.

You Were Owed a Duty of Care

The person whose negligence left you injured must have owed you a duty of care, to begin with. This simply means that they had a duty to consider your safety. A prime example of this duty is the responsibility to others on the road that motorists accept when they drive. Another is the responsibility to afford reasonable care that commercial property owners owe their customers, guests, and visitors.

That Duty of Care Was Breached

This is the element of personal injury law when negligence enters the picture. The party whom you consider at fault for your injuries must have breached the duty of care they owed you, which translates to acting negligently. For example, a driver who is impaired, speeding, distracted, exhausted, or dangerously aggressive breaches the duty of care they owe others on the road.

You Suffered Legal Damages

Finally, the accident in question must have caused you to suffer legal damages, which are losses that are covered by the law. At their most basic, these include:

• Property damage, such as to your vehicle in a traffic accident
• Medical bills
• Lost wages
• Physical and emotional pain and suffering

That Breach Caused the Accident

The other party’s negligence in the matter must have been the direct cause of the accident that left you injured. For example, if a speeding driver loses control of their vehicle and crashes into you in an intersection, their negligence – in the form of speeding – can be easily identified as the cause of the accident.

Types of Personal Injury Claims in Buffalo, NY

Personal injury law applies whenever the four elements of a personal injury claim can be met, but most claims fall into common categories.

Traffic Crashes

Traffic crashes can take many, many forms, including all the following types of dangerous accidents:

• Car
• Rideshare
• Truck
• Motorcycle
• E-scooter
• Bike
• Pedestrian
• Public transportation accidents, including bus and train

Premises Liability Claims

Premises liability claims refer to claims that are based on the negligence of property owners, and some of the most common types include the following:

• Slip and fall or trip and fall accidents
• Losses related to inadequate security
• Dog bites
• Accidents caused by inadequate lighting
• Escalator and elevator accidents
• Fires
• Accidents related to inadequate security measures

Product Liability Claims

Product liability claims relate to the manufacturers of consumer products whose negligence harms consumers. A prime example is medicines that are deemed dangerous. These claims fall into separate categories that include:

• Faulty design
• Faulty manufacture
• Inadequate instructions or safety warnings

Similar Claims

There are also claims that are very similar to personal injury claims, but that fall into different classifications, including:

• Accidents on the job, such as construction accidents, which are generally covered by workers’ compensation but might also involve a third-party claim
• Wrongful death claims
• Medical malpractice claims
• Nursing home abuse and neglect claims