Understanding the Element of Negligence in a Personal Injury Case

By WRSH on August 19, 2015 - Comments off

NYC Personal Injury CasesSuffering an injury doesn’t automatically qualify you for financial support. You have the right to pursue financial compensation for your pain and suffering, but your claim will only be successful if you can prove that the at-fault party’s negligence contributed to the accident. This is because the burden of proof in a personal injury case is on the person injured.

There are many circumstances in which an individual or entity has a duty of care to avoid causing harm to another person. For example, when you are behind the wheel of a car, you have a duty of care to not harm other drivers, bikers, motorcyclists and pedestrians. When a driver exceeds the speed limit or runs a red light, they’re breaching that duty of care. This is negligence and it is dangerous.

Drivers aren’t the only people who have a duty of care to others. Property owners have a legal duty of care to provide reasonably safe conditions to those who visit or live on their property. Doctors have a duty of care to not cause harm to their patients. Product manufacturers must provide reasonably safe products that don’t cause harm when used properly.

In any personal injury claim, you’ll have to prove the at-fault party failed their duty of care in the situation. Once you have proven that negligence contributed to the accident, you’ll then have to show you suffered real injuries as a result of that negligence.

Understanding duty of care and negligence is the first step to getting the financial support you need to recover. Make sure you have a New York personal injury attorney by your side who can help you prove that the at-fault party’s negligence caused your injuries. Call Wingate, Russotti, Shapiro & Halperin, LLP at (212) 986-7353 to discuss your legal options.

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