If you sustain unanticipated injuries in an accident, you may be able to pursue damages from those liable for the incident. If you’ve never filed such a suit before and don’t know where to begin, a personal injury attorney can evaluate the situation and help you decide how to proceed. In the meantime, here is some general information on personal injury law and what it takes to build a winning claim.

What is Personal Injury Law?

Personal injury law applies when one party gets hurt in a scenario for which another party is liable. These claims involve civil wrongs—or torts—but they can stem from criminal actions. If you were hurt in a vehicle collision caused by a drunk driver, for example, you could file a civil suit alongside any criminal proceedings. In successful claims, a personal injury attorney helps clients recover compensation for both the monetary and non-monetary losses they incur, including medical expenses, lost wages, and emotional distress. 

What Proof Do I Need to File a Personal Injury Suit?

Negligence is the foundation of most personal injury claims. To build a strong suit on the grounds of negligence, you might prove how the liable party breached the duty of care owed to you. If you were hurt in a car accident, for example, your personal injury attorney might use dash cam footage, eyewitness testimony, and cellphone records to demonstrate negligence on the part of the other motorist. 

What are Strict Liability and Intentional Wrongdoing?

Strict liability holds certain parties responsible for any injuries they caused regardless if they were actually negligent. Cases involving defective products and dog bites often fall under this umbrella. To prove strict liability in the former, you would have to demonstrate how the product was dangerous, even when used as instructed. As for the latter, dog bite laws vary by state. In New York, owners of dogs that have demonstrated a proclivity for aggression are strictly liable for any medical expenses and veterinary costs that result from a bite. Therefore, you would have to prove the dog had a history of aggression to recover compensation. 

As for intentional wrongs, which refer to acts such as assault and battery, the strongest proof will likely arise during the corresponding criminal proceedings. This might include eyewitness testimony and transcriptions of any confessions. Depending on the circumstances, evidence like surveillance footage could also contribute to the strength of your claim.

If your family is struggling financially in the wake of an accident, turn to Marc D. Orloff, Attorney At Law. Located in Goshen, NY, this law office is led by a compassionate personal injury attorney who has more than 30 years of experience. Attorney Marc D. Orloff practices both criminal defense and civil litigation, so clients can turn to him for guidance regarding everything from DWI charges to medical malpractice. To request an initial consultation, call (845) 294-8974. To read more about this seasoned attorney, visit his website.