Accidents can happen anytime and anywhere, but when someone else’s carelessness causes your injury, you have the right to pursue compensation. In order to win your case, however, you must be able to prove that your injury was caused by another party’s negligence. Understanding your legal rights and obligations is crucial when filing a personal injury claim or lawsuit. Keep reading and consult with an experienced New York injury lawyer for skilled representation during your case.
What is Negligence?
In New York, negligence is the failure to use reasonable care that a reasonable person would under the same circumstances. New York courts use the “reasonable person” standard when determining negligence. This means that the defendant’s behavior is compared to what an average, prudent person would have done in a similar situation. This standard is objective and helps determine whether the defendant’s actions met the level of caution a reasonable person would exercise. When a person fails to meet this standard, it is known as negligence.
How Can I Prove an Injury Was Caused by Negligence in NY?
To prove that your injury was caused by negligence, you must establish four key elements:
- Duty of care: You must show that the defendant owed you a legal duty of care. For example, drivers owe a duty to other road users to operate their vehicle safely, and property owners owe a duty to visitors to maintain safe premises.
- Breach of duty: You have to establish that the defendant violated that duty of care through careless, reckless, or intentional conduct, like speeding, ignoring traffic laws, or failing to fix known hazards.
- Causation: The defendant’s actions must be directly connected to your injury. For example, if a driver ran a red light and hit your car, causing you to break your arm, their failure caused your accident and injury.
- Damages: Finally, you must demonstrate that the injury resulted in actual measurable harm, like medical expenses, lost wages, or emotional suffering.
In order to establish these important elements of negligence, you must provide ample evidence. Evidence is the foundation of a successful negligence claim. Police or incident reports, photos of the accident scene, video footage, witness statements, and medical documentation can all establish how the incident occured and who was at fault.
What if I Was Partly Responsible?
Not every situation is black and white, and it is possible that you contributed somewhat to the accident and injury. For example, if a driver ran a red light and hit your car, causing you to break your arm, but you were not wearing a seatbelt, which exacerbated your injuries, you could be partially responsible for your injury.
New York operates under a comparative negligence system, meaning that even if you were partially responsible for your injury, you can still recover compensation. However, your compensation will be reduced by the percentage you are deemed liable. For more information and to secure skilled representation during your case, reach out to an experienced attorney today.
