In the bustling streets of New York City, accidents are an unfortunate reality. When injuries strike due to another party’s carelessness, securing compensation hinges on a crucial legal principle: establishing liability. Please continue reading as we explore the essential elements of negligence that form the bedrock of any successful personal injury claim in New York, and how an experienced New York City Personal Injury Attorney can help you fight for the justice you deserve.
What Are the Four Elements Needed to Prove Negligence?
Negligence is often defined as the failure to exercise the care expected of an ordinary or reasonable person in that situation. In a personal injury claim, the plaintiff bears the burden of proving fault. To establish negligence, a plaintiff must prove the following four elements:
- Duty of Care: The defendant owed a legal duty to the plaintiff to act in a certain way. For instance, drivers have a duty ot ahdere to traffic laws, while property owners have a duty to maintain a safe environment.
- Breach of Duty: The defendant failed ot uphold that duty by not exercising reasonable care. An example is a driver running a stop sign or a property owner failing to address a known danger.
- Causation: The defendant’s breach of duty directly caused the plaintiff’s injuries. This means the harm was a reasonably foreseeable result of the defendant’s actions or inactions.
- Damages: The plaintiff suffered legally recognized harm, such as physical injury or property damage. These damages may include medical bills, lost income, and emotional distress.
What Kind of Evidence Do I Need?
Demonstrating liability is paramount in New York personal injury claims. Absent robust supporting evidence, establishing fault can be exceptionally challenging. Plaintiffs are required to provide convincing proof that unequivocally links the defendant’s conduct or omissions to the damages endured. To substantiate a negligence claim, various types of evidence are vital. It’s essential to collect the following to bolster your case:
- Medical records
- Witness statements
- Expert opinions
- Photos, videos, and surveillance
What Role Does Comparative Negligence Play in a Personal Injury Claim?
In New York, even if you were partly at fault for an accident, you are still entitled to recover damages. However, your award will be reduced in proportion to your degree of fault for the accident. For instance, if you are assigned 20% at fault and your damages are $100,000, you may still recover $80,000 as long as you can prove the defendant’s negligence.
Insurance companies often employ deceptive tactics to minimize payouts. A seasoned New York City personal injury attorney at the Law Office of Brian J. Elbuam can help you fight back against unfair fault settlements. Connect with our firm today to schedule a consultation.