Skip to Content
E. Stewart Jones Hacker Murphy LLP E. Stewart Jones Hacker Murphy LLP
Call Us Today! 518-284-3183
Top
Troy Personal Injury Attorneys

Troy Personal Injury Attorneys

Filing a Personal Injury Claim or Lawsuit

If you have been injured due to the careless, reckless, or negligent conduct of another, you could be entitled to compensation for your medical bills, lost wages, and pain and suffering. By filing a personal injury claim or lawsuit, you can not only recover the monetary resources you need to heal, but you can also work to hold the responsible party accountable for the harm they have caused.

Since 1898, E. Stewart Jones Hacker Murphy has been standing up for the rights of the injured and the wronged throughout Eastern New York. From our office in Troy, our personal injury lawyers represent clients throughout the region in all types of complex cases. We have a long, proven history of success and are prepared to use our extensive experience and available resources to help you fight for the maximum compensation you are owed.

Injured in an accident? E. Stewart Jones Hacker Murphy can fight for you! Call (518) 284-3183 or contact us online for a free consultation.

How to Tell If You Have a Personal Injury Case

Most personal injury cases are brought on the grounds of negligence, though it is also possible to bring a claim based on strict liability or default.

To have grounds for a negligence-based personal injury claim, you will need to prove the following:

  • The person or party against whom you are bringing the claim (known as the “defendant”) owed you a duty or care. This means that they had a responsibility to act reasonably and take certain measures to avoid causing foreseeable injury.
  • The defendant failed to uphold or violated the duty of care they owed you. Typically, proving this involves proving that the defendant acted negligently, carelessly, recklessly, wrongfully, or even intentionally with the aim of causing injury.
  • You were injured and, as a result of your injuries, you suffered measurable damages. These damages can be economic or non-economic in nature, and may include things like medical expenses, lost wages, physical pain, and emotional suffering.
  • The defendant’s act or omission was the direct or proximate cause of your injuries. In other words, you must prove that you would not have been injured or suffered damages had the defendant acted differently/upheld the duty of care.

As the person bringing the claim (known as the “plaintiff”), you have the burden of proof. This means that you are the one responsible for proving your claim. However, unlike in criminal cases, you do not need to prove your case beyond a reasonable doubt; instead, you must only prove your case by a “preponderance of the evidence.” This means you must prove that your claim is more likely to be true than not.

Continue Reading Read Less

Have Questions?

We Have Answers!
  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.
  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.