Most personal injury lawsuits in New York revolve around a concept known as “negligence.” Negligence can be defined as “the failure to act in a reasonable way to protect others from harm, or performing an unreasonable act that endangers, injure, kills or destroys the property of another person.”
If you’re filing a personal injury claim in New York, it will be you and your attorney’s job to prove that your injuries and damages were caused by the negligence of another party.
The four elements of negligence
If you’re considering filing a personal injury claim in New York, understanding the four elements of negligence can be very helpful. Listed below are the four elements of negligence in a personal injury claim in New York:
- Duty of Care. This means that one of the parties had a legal obligation to protect another party from harm by adhering to a specific standard of conduct. A common example would be a driver who is expected to exercise caution and follow the laws of the road in order to keep themselves and other drivers safe.
- Breach of care. To determine if someone has failed to perform their duty, the court considers what a “reasonably prudent person” would have done under similar circumstances. When a person has failed to act in a reasonably prudent way, they have breached their duty of care.
- Causation. In New York, the injured party must prove that negligence was a substantial factor in causing the accident that caused the injury. Negligence does not have to be the only factor that caused the accident, but it must have contributed substantially.
- Damages. This is the legal term for money spent on medical treatment, hospital bills, physical therapy and lost income. It also includes less quantifiable damages such as the loss of enjoyment of life caused by the accident and pain and suffering. Damages our awarded with the intention of making the plaintiff “whole” after the injury.
Navigating the courts and legal system when filing a personal injury case can be exhausting. That’s why if you’re filing a personal injury claim in New York, having an experienced personal injury attorney in Yonkers on your side will give you the best chance of winning.
Contact a knowledgeable New York personal injury attorney
At Sayegh and Sayegh, we know what it takes to successfully pursue a personal injury claim in New York. We’ve negotiated multi-million dollar personal injury settlements and helped thousands of individuals receive the compensation they deserve. If you have been injured due to negligence and live in Yonkers, NY, contact our firm today or give us a call at (914) 968-5800 to schedule a consultation.