Whether you have been injured in a recent wreck caused by a careless motorist, sustained physical harm from a slip and fall due to hazardous conditions on someone’s property, or been involved in another type of accident due to another’s negligence, if you are hurt you are entitled to compensation for your losses. A Middlebury personal injury lawyer will review your case and help you understand your legal rights and options. Drew Palcsik at Champlain Valley Law will help you obtain fair compensation for you and your family.
Proving Fault in a Middlebury Personal Injury Lawsuit
For a victim to recover compensation in a personal injury claim, he or she must prove all four components of the legal theory of negligence. These are: (1) a legal duty or obligation, (2) the failure to meet that standard of care, (3) physical injury and (4) a causal connection between the negligence and the harms.
First, it must be established that the at-fault party owed a duty to the victim. Duty refers to a person’s legal responsibility to use reasonable care to prevent injury to others. For instance, a driver owes a legal duty to fellow motorists to operate their vehicle in such a way as to avert foreseeable harm. In other situations, the duty of care may be prescribed by law or industry standard.
Under the negligence doctrine, if it can be established that the at-fault party owed the injured person a duty and breached that duty, thereby causing their injuries and damages, the at-fault party will be responsible for the victim’s losses. A skilled personal injury attorney in Middlebury like Drew Palcsik will help you prove each component of negligence when building your case.
Common Types of Personal Injury Claims in Middlebury
A severe accident or injury could occur due to a myriad of reasons. A knowledgeable Middlebury personal injury lawyer can help you with cases involving:
- Auto accidents
- Truck accidents
- Pedestrian crashes
- Motorcycle wrecks
- Medical malpractice
- Premises liability claims
- Dog bite incidents
- Wrongful death
After an accident in Middlebury, in most cases, you have three years from the date of the incident to file a lawsuit against the negligent party per 12 Vermont Statutes Annotated § 512. This means that if you do not file your case within three years, the court could immediately dismiss your suit. It is critical that injured people speak with an experienced attorney in Middlebury like Drew Palcsik as soon as possible to ensure the protection of their recovery rights.
Possible Types of Compensation
You may be able to obtain a wide variety of compensation in a successful settlement or court award of civil damages. Compensation should include the value of the your past and future lost income, medical bills, hospital expenses, future medical care, treatment and therapy costs, pain, suffering, and disfigurement. Punitive damages may also be awarded to victims when the at-fault party’s actions are found to have been reckless or malicious.
Modified Comparative Fault Laws
Along with a number of other states, Vermont courts apply the modified comparative fault rule in situations where both the injured party and the at-fault party share fault for the incident. Under 12 V.S.A. § 1036, you may recover compensation even if you are partially at fault for your accident, provided you are no more than 50.1 percent at fault for an accident.
Any percentage of fault will diminish your compensation proportionately. If you are found to be more than 51 percent at fault, you will not recover anything for your injury.
Speak with a Middlebury Personal Injury Attorney Like Drew Palcsik Today
You should speak with a Middlebury personal injury lawyer right away if you have been the victim of another person’s negligent actions. Drew will help you determine whether you are entitled to civil damages for your injuries and advise you regarding how to proceed with your claim.
To learn more about what legal action may be possible for your case, contact Drew today and schedule your confidential consultation.