Elements of Proving Negligence

In any personal injury case, four elements are evaluated to determine if the injuries under question were caused by negligent behavior according to the standard of care being used.

  1. The first element is duty. The plaintiff filing the claim must demonstrate that the defendant owed a duty to the injured party to exercise a certain type or amount of care. For instance, a driver has a duty to his or her passengers to exercise a reasonable amount of care in their driving methods such as adhering to traffic laws and signs.
  2. Once a duty has been established, the plaintiff must then show that the defendant committed a breach of that duty by failing in his or her responsibility to meet the standards expected of them. To continue the example used above, this breach could take the form of a text message sent by the driver, which is against traffic laws.
  3. That breach must then be proven as the direct cause of injury to the plaintiff or plaintiffs in order to warrant a personal injury claim against the defendant. This means that the text message sent while driving must be why the driver veered off of the road and hit a tree.
  4. Lastly, the plaintiff must be able to show that they experienced a demonstrable degree of damage because of that breach of duty.

Work with a New York City Personal Injury Attorney

At Greenberg & Stein, P.C., our New York City personal injury lawyers believe that all innocent injury victims are entitled to receive compensation for the pain and loss they endured at the hands of a negligent party. We want to assist you in claiming compensation and we are dedicated to doing what it takes in order to obtain maximum recovery on your behalf. While money cannot replace or take away the pain that your injuries caused you, it can help you recover and move on from the accident. Contact an NYC personal injury attorney at our office today to receive a free case evaluation and learn more about how we can help you.

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