Proving Negligence in a New York Personal Injury Case

A personal injury accident is when an individual becomes severely injured or dies because of another party’s negligence. These can be life-changing accidents that impact a person for the rest of their life. It is because of this that an injured party is able to hold the negligent party responsible for their actions. This can be done through a personal injury lawsuit. In doing so, the injured party is required to satisfy the burden of proof. This means they must prove two things in order to have a successful case. They must prove the defendant breached their obligation to provide a duty of care and that this breach directly caused their injuries.

A person’s duty of care to another can either be express or implied. No matter what the duty was, the injured party has work to do to receive damages. This can be done through the following steps:

Proving A Duty of Care Existed

Usually, proving a duty of care in personal injury cases is straight-forward. Sometimes, accidents happen due to dangerous property conditions. Property owners have an obligation to ensure their property is safe. When people become injured due to poor conditions, the property owner may be held liable for any accidents that take place. This is due to premises liability laws.

In addition to this, accidents sometimes occur because of a faulty product. When a product is made incorrectly, it can malfunction and hurt someone.  If a manufacturer produced a defective product that injures a consumer, they may be held responsible. This is done through product liability laws.

Prove the Duty of Care Was Breached

Once the duty of care is established, the injured party must then show how it was breached. This can be done through the following:

  • Incident reports
  • Eyewitness testimony
  • Expert witness testimony
  • Surveillance footage
  • Chemical test results
  • Pictures or videos of the scene

Causation

In order to have a successful case, the injured party must also show the accident and the injuries they received were a direct result of the other party’s breach of duty. This must be satisfied in order to prove negligence. To do so, the injured party and their attorney are required to how the accident took place and how the damages, injuries, and losses occurred as a result.

Seeking Damages

When a person pursues a personal injury lawsuit, they may be eligible to receive financial compensation. This is available to financially assist the injured individual during their time of need so that they can recover without stress. In order to receive this compensation, they must show that damages happened as a result of the negligent behavior. Damages that may be recovered after an accident can include:

  • Medical bills
  • Lost wages and benefits
  • The loss of future earning capacity
  • Physical therapy
  • Occupational therapy
  • Court costs

Contact our Firm

The Law Offices of George Poulos is an experienced Workers’ Compensation, personal injury, bankruptcy, and Social Security Disability law firm with offices in Queens and the Bronx. If you require strong legal representation, contact our firm today to schedule a free consultation.