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How Can I Prove Liability in My Injury Case?


Establishing liability is the critical point in an injury claim. In the State of New York, you have 3 years from the time of the injury to file a claim, but it is important that the process is initiated as soon after the accident as possible. Critical evidence supporting your claim could be destroyed, or the memories of witnesses to the accident could fade over time. The basis of a personal injury claim is that an act of negligence took place. This could be negligent driving behavior, such as speeding, texting, drunk driving or running a red light, when a case involves a vehicle accident.

When a claim is filed, there are often efforts by the other party to try and prove that the claimant (you) are at least partially to blame for the injury. This may or may not be true; in some cases the victim may be partially responsible, which could diminish the value of the claim. In other cases this assertion is completely false, and it is up to your personal injury lawyer to prove liability. It could be necessary to engage the services of a respected independent accident investigator to evaluate the scene, the vehicles, any video that may be available, and police reports to assist in supporting your case.

New York State Liability Laws

The state has a no-fault law. You are required to collect damages from your own insurance company first, and the negligent party second, unless you have suffered a serious injury. We can help you to determine if you meet that criteria.

In other cases, such as claims filed against any government agency, city, county or state, you will have other requirements. You have only 90 days to file a formal claim and 1 year to file a lawsuit, which may seem to be adequate time, but in fact, makes it crucial that your attorney gets to work at once.

What can Attorney Gueli do for you?

The duty of your Nassau County personal injury attorney is to prove liability. Each case is different, but one factor remains the same – you need to ensure you have an accomplished legal professional managing your case. Insurance companies, whether auto insurance, city liability insurance or commercial insurance companies all have different rules and processes, but hold one thing in common – they will not want to pay you the maximum in a settlement.

It is imperative that you are represented by a litigator with extensive trial experience, as you may need to go to civil court and present evidence to prove that the entity involved was negligent, and therefore is liable and should pay you a settlement.

Contact the Law Offices of Charles R. Gueli for a professional personal injury litigator with extensive trial experience.

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