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Filing a Personal Injury Case

A person may be liable for injury to another, if they failed to show reasonable care that was warranted for the situation. The laws surrounding personal injury cases can be complex, and most people don’t know where to begin. If an accident has occurred to you or a family member, which led to injury and financial loss, and another person was at-fault, then you may qualify for taking legal action. 

The four elements of every personal injury case are listed below:

  • Defendant owed the plaintiff a duty of care.
  • Defendant breached that duty of care.
  • Due to the breach, the plaintiff suffered injury/loss.
  • The plaintiff’s injuries were directly caused by breach.

The defendant has the right to build their case to refute any aspect of the plaintiff’s claim. If the defendant is successful, then the plaintiff’s claims are invalid. This is why it is so important that victims have a legal team who is experienced and well-versed in handling personal injury cases. 

Since a personal injury lawsuit is based on recklessness or negligence, the big question is whether the defendant owed a duty of care to the other. The defendant will be responsible for the victim’s injury costs, losses, and other damages if it can be proven that they failed to utilize reasonable care, which led directly to the plaintiff’s harm. By definition, negligence may include the failure to act as another reasonable person would in that situation, or behaving in a manner that another reasonable person would not have. 

Being in an accident where another person was at least partially responsible can be immensely stressful for the victim, and can cause their lives to be turned upside down. As our personal injury lawyer would take action shortly after a personal injury accident is strongly recommended.

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Client Testimonials

As a disabled claimant, I can’t thank Hurwitz, Whitcher & Molloy enough for guiding me through these past fourteen years. No one else wanted my Workers’ Compensation case. No one! It was complicated. There were a lot of issues that made things difficult. They stuck with it well over a decade with preparedness, intelligence and grace. Mister Melvyn, he’s a good guy. Cathy, she’s so amazing.

- Salli B.

I became a client of the Hurwitz firm in May of 1997 due to injuries I received while I was a meat cutter at I. Isenberg Meats in Buffalo, New York. Since my first encounter with your firm and up until the present day, I have been entirely satisfied with the way your firm has treated me.

- William C.

Thank you for all you do throughout the year. I know I’m in the hands of the best compensation lawyers who really care!! God bless you all.

- Michelle A.

If you are injured at work and need a workers’ comp attorney, you need Hurwitz, Whitcher & Molloy. They are the ‘King Pins’ of all comp attorneys. You will be taken care of every step of the way. I am a very satisfied client!

- Richard B.