Who Pays When You’re Hurt? 

The Ugly Side of Personal Injury Lawsuits in Rochester 

Suffering an injury in Rochester can turn your life upside down. Beyond the physical pain, you're likely overwhelmed by medical bills, lost wages, and the stress of dealing with the legal system. Understanding who bears the financial responsibility in personal injury cases should be a major concern after an injury. Unfortunately, the process isn’t always as straightforward as it should be.  

At Horn Wright, LLP, our personal injury attorneys know the challenges you're facing. Our dedicated team of attorneys is committed to guiding you through every step of the legal process. With extensive experience in Rochester's personal injury laws, we’re here to make sure you aren’t left shouldering the financial burden alone. 

Negligence 101: How the Law Sees Fault in Rochester 

In the realm of personal injury law, negligence plays a front and center role. Negligence occurs when someone fails to exercise reasonable care, resulting in harm to another person. In Rochester, as in the rest of New York State, establishing negligence is requirement to have a successful personal injury lawsuit. 

To prove negligence, four elements must be demonstrated: 

1. Duty of Care: The defendant owed a legal obligation to the plaintiff to act with a certain level of care. 
2. Breach of Duty: The defendant failed to meet that standard of care. 
3. Causation: The defendant's actions directly caused the plaintiff's injury. 
4. Damages: The plaintiff suffered actual harm or losses as a result. 

A great example is how Rochester drivers have a duty to operate their vehicles safely. If a driver runs a red light near the Liberty Pole and causes a rear-end car accident, they've breached that duty of care and become liable for the resulting injuries. 

Strict Liability vs. Negligence: The Legal Trap That Could Cost You 

While negligence requires proving fault, strict liability is a different beast. Under strict liability, a party can be held responsible for damages without the need to prove negligence or intent. This legal concept often applies in cases involving inherently dangerous activities or defective products. 

In Rochester, strict liability might come into play in situations such as: 

• Product Liability: If a Rochester resident purchases a defective appliance that causes injury, the manufacturer can be held strictly liable, regardless of whether they were negligent in the production process. 
• Dog Bites: New York law holds dog owners strictly liable for medical expenses resulting from a bite if the owner knew or should have known of the dog's vicious tendencies. 

The differences between negligence and strict liability can be hard to differentiate. Understanding these distinctions is important to your personal injury case, since they’ll determine what evidence you need to show and the defenses available to you in pursuing your case. Our Rochester lawyers can explain in detail which standard applies and the best path forward during your initial consultation. 

Winning Your Case: What It Takes to Prove Fault 

Successfully proving fault in a personal injury lawsuit hinges on evidence and clearly showing the defendant’s responsibility. Here's what you’ll need in your arsenal to build a strong case and prove fault: 

• Gather Evidence: Collect photographs of the accident scene, obtain surveillance footage, and secure any physical evidence related to the incident. 
• Obtain Witness Statements: Eyewitnesses can provide detailed accounts that support your version of events. 
• Review Medical Records: Detailed documentation of your injuries and treatment establishes the extent of harm suffered. 
• Consult Experts: Professionals such as accident reconstructionists or medical specialists can offer insights that bolster your claim. 

If you're injured in a slip-and-fall accident at a local grocery store on Monroe Avenue, surveillance footage and witness testimonies can help show that the store's negligence led to your fall. Without that evidence, the defense can try to argue your injuries weren’t caused by the accident or that your own actions contributed to your fall. 

Comparative Negligence: Will Rochester’s Laws Work Against You? 

New York follows a pure comparative negligence rule. This means that even if you're partially at fault for your injury, you can still recover damages. However, your compensation will be reduced by your percentage of fault. 

Take a look at this scenario to understand: 

You're involved in a car accident at the intersection of East Avenue and Alexander Street. It's determined later on you were 30% at fault for the accident because you were speeding, while the other driver was 70% at fault for running a stop sign. If your total damages amount to $100,000, you would be entitled to $70,000 after a 30% reduction. 

Comparative negligence laws are used all the time by insurance companies when assessing who was at fault, and to minimize any payouts to you. They’ll try to exaggerate your level of fault to reduce what they owe you. That’s why having a team of Rochester attorneys at your side to counter these tactics is the best way to recover what you’re to. 

Think You Have a Case? The Hidden Defenses Insurance Companies Use to Deny You 

Insurance companies are notorious for employing various tactics to deny or reduce claims. They are motivated by profit and will often go to great lengths to protect their bottom line at your expense. Being aware of these strategies can help you prepare and protect your rights: 

• Disputing Liability: Arguing that their driver wasn't at fault or that you share a significant portion of the blame. 
• Questioning the Severity of Injuries: Claiming your spine injuries are not as serious as reported or are unrelated to the incident. 
• Delaying Claims Processing: Stalling the process in hopes that you'll accept a lower settlement out of frustration. 
• Using Recorded Statements Against You: Misinterpreting your words to undermine your claim. 

We seen where after a Rochester slip-and-fall accident at a local business, an insurance adjuster tried to argue the client’s argue injuries were pre-existing or resulted from their own negligence, aiming to diminish their payout. We knew these tactics and were able to fight back for the client to make sure they didn’t fall victim to their strategies. 

Why Your Lawyer Matters: How Legal Firepower Can Change Everything 

Having a seasoned personal injury attorney on your side can make a big difference in the outcome of your case. Legal battles are tough, and without proper representation, you may find yourself at a disadvantage when going up again an insurance company and proving your claim in court. These are just some of the ways having an attorney at Horn Wright, LLP, can help: 

• Expertise in Navigating Complex Laws: Attorneys understand the traps of personal injury law and can effectively interpret how local statutes apply to your case. 
• Accurate Damage Assessment: Your lawyer ensures all damages, including medical expenses, lost wages, and emotional distress, are properly calculated so you aren’t shortchanged. 
• Negotiation with Insurance Companies: Insurers often offer low settlements to unrepresented claimants. Our lawyers fight for the full amount you deserve. 
• Courtroom Representation: If negotiations fail, having a strong legal advocate in court can be the key to winning your case. 

Trying to go up against insurance companies alone can be exhausting. They have teams of adjusters and lawyers whose job is to minimize your payout or get your case dismissed. With an experienced attorney handling your case, you’ll have the best chance of securing the compensation you need to move forward with your life. 

Why Choose Horn Wright, LLP? 

If you're ready to take the next step, Horn Wright, LLP, is here to help. Our experienced attorneys understand the ins and outs of Rochester’s personal injury laws and will fight tirelessly to ensure you receive the compensation you deserve.  

Don’t face this battle alone. Contact our Rochester law office today and let us stand by your side and advocate for your rights.