How To Prove Negligence in A New York Personal Injury Case

Negligence is a crucial part of most personal injury claims. Whether you’re dealing with a car accident or fall, proving the defendant’s negligent actions caused your injuries can significantly affect your case’s outcome. Learn everything you need to know about how negligence works and what you need to prove to secure compensation for your damages.

What Is Negligence?

Negligence is when a person or organization you’re suing didn’t act like a reasonable person would have in a similar situation. It can also refer to an irresponsible action they did that resulted in your injuries in the first place. From skipping a red light to not being provided safety gear at your workplace, several instances could be considered negligence in a personal injury case.

The Four Elements Of Negligence You Need To Prove

If you and your attorney are attempting to prove negligence in a case, there are four key elements you need to demonstrate: damages, breach, causation, and duty of care.

Damages

In virtually every personal injury case, you need to show you’ve suffered damages due to the defendant’s negligence. This could be anything from:

  • Physical injuries
  • A family member or loved one passing away
  • Emotional damages
  • Loss of income
  • Property damage
  • Pain and suffering

For instance, say you’re a pedestrian hit by a car because the driver ran a stop sign. As evidence, you could show relevant emergency treatments, witness statements, medical bills, or pictures of your injuries to show how the accident directly affected you.

Breach

Aside from being injured, another crucial part of proving negligence is showing how the defendant breached their duty of care. In other words, you need to demonstrate they acted in a way a reasonable person wouldn’t have in a similar situation. Going back to the previous case, if the driver ran a stop sign and hit you, they breached their duty of care by not following traffic laws.

Causation

To prove causation, you need to show the connection between someone’s actions and your damages. While it won’t be enough to prove negligence, it can show the main reason why you’re suing the defendant. For example, if you sued the driver that hit you with their car, you need to establish the connection between the driver missing the stop sign and your injuries.

Duty Of Care

Finally, showing how the person owed you a duty of care during that situation is crucial. Most instances have standards people need to follow so they don’t cause harm to others, such as obeying traffic laws or following specific standards during medical procedures.

Our New York Attorneys Are Here To Help You Seek Justice

Proving negligence in a case can be difficult, but a reliable attorney can help you gather the proper evidence and win the benefits you’re entitled to. Since 1952, our New York personal injury lawyers have assisted clients in navigating the legal process and holding defendants responsible for their actions. If you or someone you love has been a victim of someone’s negligent actions, we’re here to help. Please contact us online or call us at (866) 574-0825 to schedule a free case review today.