Cause of Action:
In the context of personal injury law, a “cause of action” refers to a legal theory by which an injured person may seek compensation from an at-fault party, or often, their insurance company. With regard to a motor vehicle accident, an injured person may file a cause of action (typically negligence) against the at-fault motorist or their auto insurance company. Doing so is a formal legal step toward obtaining compensation for their serious injury.
For instance, all motorists are expected to exercise reasonable care while on the roadway. If they fail to exercise due care and cause an accident resulting in serious injuries, the injured party may file a cause of action against the negligent motorist to pursue compensation for their injuries.
The causes of action described above stem from tort law. A “tort” generally refers to an “act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.” Tort law aims to provide a means of compensation (normally monetary) for those who have been injured or harmed. When an injured person files a cause of action against a wrongdoer, they are using tort law to attempt to remedy the situation and attain the best possible outcome. This normally means being awarded the maximum amount of compensation.
More than one cause of action may apply. Further, different causes of action may apply to different parties. Every situation is unique.
Do I Have a Cause of Action Against an At-Fault Motorist?
If you were injured in a New York car accident, please feel free to contact the motor vehicle accident attorneys at William Mattar, P.C. today. Our experienced attorneys can help you achieve maximum compensation for your injuries. Dial (844) 444 - 4444 today.