To win a personal injury case, it must be proven that the person who caused your accident is at fault for what happened to you under the law. This requires demonstrating multiple elements with clear and convincing evidence. Here’s how courts determine culpability and how to get qualified legal help from a personal injury lawyer in Queens, NY.
How an Accident Injury Lawyer in Queens, NY Establishes Liability
1. They Prove Duty of Care
First, it needs to be established that the person who injured you had a duty of care towards you. This means they had a responsibility to exercise caution to protect your safety. For example, grocery store managers have a duty of care to ensure their facility is reasonably safe for people.
2. They Show That Someone Breached Duty of Care
Next, a lawyer will illustrate how the person breached their duty of care. Using the example above, if the store manager notices a spill on the floor and doesn’t clean it up, they have created an unsafe environment and breached their duty of care towards both patrons and employees.
3. They Demonstrate How the Breach Caused an Accident
They will also show how the breach led to the accident. In our model scenario, you would need to prove that you encountered the spill, slipped, and fell.
4. They Prove the Accident Caused an Injury
The next critical element is demonstrating how the accident resulted in injury. If you slip and fall but aren’t hurt, you generally won’t have a case even if you have clear evidence that the store manager was negligent.
5. They Show That the Injury Caused Damages
Finally, your accident injury lawyer links the damages you incurred to the incident. This could be lost wages from time out of work, medical bills for your treatment, and any other expenses that arose directly from your injury.
Understanding Comparative Negligence Laws In New York
New York uses comparative negligence to determine if more than one person was at fault for an injury. This means that if someone else also caused or contributed to your accident, they could also be financially responsible. This includes you if your own actions are determined to be a factor. To do this, a court will calculate each person’s percentage of fault for the incident between 0 to 100%.
For instance, if someone else is 100% at fault for your injuries, they are wholly liable. If someone is 51% at fault, and you are 49% at fault, they may only be accountable for half of your damages.
What Happens Next?
Recovering after any kind of accident is complicated and takes time. The more severely you were injured, the more it impacts your life and the longer it can take to get better. Having the support of friends, family members, and your community is key to your success.
If you or someone you know were involved in an accident or injured because someone else was negligent, we can help. Contact the Law Office of Barry M. Goldstein in Queens, NY to start your consultation.
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