Proving fault in a personal injury case against an individual or corporation
Regardless of the specific circumstance behind the accident, the law states that the injured party must prove the following or he / she is not entitled to recover any damages:
- Duty: The person who allegedly caused the accident or harm (referred to as the ‘Defendant) had a duty to act or not act in a particular manner– and not to injure the person bringing a claim or lawsuit (referred to as the “Plaintiff”).
- Breach of Duty: The second hurdle a plaintiff has the burden of proving in a personal injury case is the the defendant, breached their duty– or in English, acted inappropriately. Example- In the case of a car accident, when a car runs a red light and crashes into another vehicle, the driver thereby breached their duty.
- Causation: The final element a plaintiff must tackle in any type of personal injury or medical negligence case it to establish that their injuries were causally related to the defendant’s conduct. Example- the Plaintiff must provide documentation that the physical injuries they sustained were attributable to the accident. If a person has an injury to their back that requires a surgery, the law puts the onus on them to illicit medical testimony that the injury and subsequent medical procedure was related to the accident. If they can not establish the causation element, there will be no recovery
Accidents include those involving drunk or hit and run drivers, uninsured or underinsured drivers, as well as accidents occurring from motor vehicle, SUV and semi-tractor trailer collisions and rollovers.
We also represent people who are seriously injured in car accidents, collisions or crashes resulting from defective products or design in automobiles and trucks, such as defective seat belts, tires or gas tanks.
Injuries suffered as a result of these types of accidents can be severe and life altering. You may have suffered head injuries, nerve damage, broken or dislocated a bone or limb, or even lost the use of a limb. My firm understands that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company will pay for future treatment relating to your injury.
- Commercial Truck Accidents
- Refinery Accidents
- 18 Wheeler Accidents
- Motor Vehicle Accidents
- Off Shore Accidents
- Slip & Fall Injuries
- Dog Bites
- Drunk Driving Accidents
- Wrongful Death
- Elevator Accidents
The Law Office of Michael Russo, PLLC is dedicated in fighting for justice for my clients. I will help you with your legal concerns and guide you to the best strategy during this stressful time in your life. You deserve the opportunity to be fairly compensated for your physical, financial, and mental suffering. At my firm, I treat my clients like family and offer you solid legal counsel, open lines of communication, and support every step of the way from your first visit until after your case has been resolved.