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What Qualifies as a Personal Injury Lawsuit?

Published November 8, 2024 by David Wolff

https://youtu.be/a6CPpJx9iPo

If you’re wondering what qualifies as a personal injury lawsuit, you’re not alone. At Cantor, Wolff, Nicastro & Hall, we get this question often, and the answer is simpler than you might think. To file a personal injury lawsuit, you need two key elements: negligence and injury.

1. What Is Negligence?

Negligence may sound complicated, but it simply means that someone—whether a person or a business—did something unreasonable that caused harm. Take, for example, a car accident where a driver runs a red light or is distracted by their cell phone and crashes into another vehicle. That’s an obvious case of negligence. But negligence can also occur in more unusual situations, like an amusement park ride malfunctioning because it wasn’t properly maintained.

2. You Must Have an Injury

While proving negligence is crucial, you also need to demonstrate that the negligence caused an injury. If there’s no injury, there’s no case. Injuries can range from minor to severe, such as broken bones, fractures, or worse. A common example is a workplace accident where an employer fails to provide adequate safety equipment, leading to serious injuries.

3. Why You Need an Attorney

Determining whether negligence occurred can be tricky, and that’s where an attorney comes in. An experienced lawyer will evaluate the circumstances, gather evidence, and determine whether you have grounds to file a lawsuit or an insurance claim.

If you think you may have a personal injury case, contact Cantor, Wolff, Nicastro & Hall at (716) 848-8000 or visit our website at Buffalo Law. We win—it’s just that simple.

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