Every personal injury lawsuit has two parts to the case. The first part that needs to be considered is how the accident happened, which is the liability portion. The liability portion of your case is essentially when the various factors surrounding your accident are investigated to determine who the guilty parties in the accident are. There are two sides to every story and therefore, it may take a little while for the liability portion of the case to be concluded depending on the extent of the investigations that needs to occur.
Now that the investigation has been completed and the liable party or parties have been determined, the extent of the damages that occurred as a result of the accident need to be evaluated. The damages are considered to be the second part to every case, which is how you are affected as a result of the accident. This part takes questions into consideration such as whether or not your injuries make it so you can no longer go about your daily activities in the way you did prior to the accident. In order to reach the damages question, we have to prove that someone had a duty owed to you, they breached the duty that was owed to you, and as a result, this accident occurred causing you the injuries. If we cannot prove that, we cannot recover damages for you. Those are the two essential parts of a lawsuit.
If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.