When you sue for personal injury, you have to show that the other person was negligent. This negligence led to you getting injured, and that is why you are suing. Our Queens personal injury attorneys can help you build a case that shows how the defendant’s actions or inaction caused you harm.
What Exactly is Negligence?
When someone is negligent, it means that they did not behave in a way that could prevent foreseeable harm to someone else. If someone is speeding through an intersection, they should know that they are posing a danger to other motorists and pedestrians. If a landlord knows that the stairwell in their building is unsafe due to broken stairs or a lack of handrails, they know that this is creating a dangerous situation for others. This is negligence.
Is Proving Negligence Enough?
Showing that someone was negligent is the key to your case, but then you have to take your arguments a bit further. You have to show that this negligence led directly to your injuries and your need for compensation.
You also have to show that the defendant owed you some kind of duty. If they are a driver sharing the road with you, they should act in a way that keeps other drivers safe. If they own a store and you’re a customer, the understanding is that the premises is safe. These are some good examples of when you are owed a legal duty.
Then you have to show that there was a breach of that duty. The defendant did something that made you unsafe. Then there was causation. This negligence caused you to get hurt. Because you were hurt, now you are owed damages. When you can show all of these things, that makes for a more convincing case.
Does Negligence Affect Workers’ Compensation Cases?
Workers’ comp cases can be interesting exceptions here. When you make a workers’ compensation claim after getting injured at work, negligence is not actually a factor. Whether or not you receive benefits hinges almost entirely on whether or not you were actually injured at work.
However, you could also decide to file a personal injury suit if someone other than your employer contributed to your accident. If you were hurt by a defective piece of machinery, you may be able to sue the manufacturer for additional compensation. The manufacturer put out a dangerous product and they should be held accountable for their negligence.
Meet With a Personal Injury Attorney
Proving negligence on your own can be tough, so contact the Law Offices of George Poulos to schedule a consultation with our team. We can tell you how our personal injury lawyers can help you build a case and fight for the compensation you’re entitled to. Contact our law firm today.
