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Car accidents are commonplace in New York. Unfortunately, they often result in serious injuries, property damages, and fatalities. When such accidents happen, victims often seek compensation for damages and injuries resulting from the accident. However, in most cases, it is not always clear who is liable for the accident. That is where car accident lawyers come in. In this blog post, we will explore how car accident lawyers investigate liability in personal injury cases. We will also delve into the factors that affect liability in car accident cases and how liability is determined in personal injury cases.
In any car accident case, the first step for a car accident lawyer is to investigate the case. The investigation process seeks to establish the cause of the accident, the parties involved, and the extent of the damages and injuries caused. Investigations can involve gathering evidence such as eyewitness accounts, police reports, medical reports, and photos of the accident scene. Car accident attorneys may also establish liability by reviewing traffic laws and regulations, conducting site visits, and consulting experts such as accident reconstructionist, forensics specialists, and auto mechanics.
Liability in car accidents is often determined by looking at different factors. Some of these factors include the actions of the driver, weather conditions, road conditions, vehicle maintenance, and the presence of distractions such as cell phones or other electronic devices. In New York, the state follows the principle of comparative negligence, which means that liability is apportioned based on each party's degree of fault. This means that even if a plaintiff contributed to the accident, they can still receive some compensation proportional to the degree of the other party's fault.
In a personal injury case, the court determines liability based on the evidence presented and the facts of the case. For liability to be established, it must first be established that the defendant had a duty of care to the plaintiff, they breached that duty, and that breach resulted in the plaintiff's injuries or damages. In most car accident cases, the defendant's insurer may settle the case outside of court by offering compensation to the plaintiff before the case goes to trial. However, if the case proceeds to trial, a judge or jury will determine liability based on the evidence presented.
At DM Block Law, we understand that car accidents can have devastating effects on individuals and their families. We also understand that navigating the legal process can be challenging. That is why we are dedicated to representing personal injury victims. Our experienced car accident lawyers can assist you in investigating your case, gathering evidence, and determining liability. We can also provide representation in court and help you receive the compensation you deserve.
In conclusion, car accidents can be traumatic and have long-lasting effects on both the victims and their families. If you are involved in a car accident, it is important to know how car accident lawyers investigate liability in personal injury cases. At DM Block Law, we are committed to assisting New York residents in their car accident cases. Our experienced team can help you navigate the legal process, investigate your case, and determine liability to seek the compensation you deserve.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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