4 Elements to Establish Negligence in a Personal Injury Case
Across the United States, and New York City specifically, it seems that personal injury claims have been on the rise for some time now – with more victims filing cases against negligent parties than ever before. With such a drastic rise, researchers have found that not only are there more accidents and at-fault injuries than ever before, but more individuals than ever before are choosing litigation as their course of dealing with such issues as opposed to other means. According to who many consider to be the best personal injury attorney Brooklyn has to offer, Mr. Joel Levine, Esq. of Levine & Wiss, PLLC such statistics have also meant the tact in which individuals are going about filing a personal injury case – as in years past, many personal injury claims were deemed to be falsely filed, or were thrown out relatively quickly as they didn’t pass the critical aspects of needed to apply negligence to the actions of the defendant fighting against the victim. The fact is, especially in a state like New York, in which filing such claims can be quite difficult considering such obstacles as no-fault insurance or Personal Injury Protection and other legal actions which tend to indirectly limit what victims are able to seek in terms of damages, depending on the specific instance in which the case might be filed. As the best personal injury attorney Brooklyn has in practice, Mr. Levine and his team at Levine &Wiss, PLLC have some of the highest success rates in the field of personal injury as a whole, and while some of this is a result of simply taking on better the cases, the vast majority lies in being able to better assert negligence and proving the defendants lack of care with his or her actions. To better help you to understand negligence, Mr. Levine and his team offer you these 4 important factors that help them to establish negligence within their cases.
Before moving any further, we must establish what negligence actually is. Negligence is the failure to take the proper acceptable care in situations where a person would expect that they would come into contact with another person or property. Negligence as a legal standard is when a person acts carelessly, and without proper intention. Here are 4 legal factors that help them to establish negligence on a defendant in the field of personal injury law.
There is a ‘Duty of Care’.
As humans, we all owe one another a sensible ‘duty of care’ at certain times or others – for instance, when I drive down the street, I owe pedestrians, cyclists, and other drivers a duty of care that understand that I will exercise proper caution on the toad, and operate my vehicle in a way that not only follows the rules of the road, and in a way that will not harm pedestrians or others whom I will share the road with. In addition, they will owe me, and others they share the road with that they will also try to avoid any collisions or other actions that may lead to harm for anyone.
The ‘Duty of Care’ is Broken
As we explained in the previous point, we have established that we all owe each other a duty of care, to act in a way that’s safe for ourselves and others at the same time. In the event, or accident that caused the victim’s injury, it is established that the defendant has no taken action to break the duty of care. according to Mr. Levine, the best personal injury attorney Brooklyn has to offer, this can be anything from mopping and not putting up a wet floor sign at the store, or driving double the speed limit, while consuming alcohol.
The Action that Broke the ‘Duty of Care’ Caused the Injury
This step is fairly simple to understand, but often ends up being a sticking point in a personal injury case. Basically, there must be some type of proof that at this instance, the defendant’s breaking of their duty of care, caused the victim’s injuries. In many instances, individuals break their duty of care, yet nothing happens, in the event it does, it becomes legally negligent behavior. For instance, if you drive twice the speed limit, drunk, every night on your way home from work and nothing happens, you are breaking the duty of care you have to others, but no one got hurt and you weren’t caught – everything was fine. But if on the 10th time you choose to take such actions, and your behavior leads to a terrible accident as you hit a pedestrian crossing the street, your breaking of the duty of care has been shown to be legally negligent and ended up causing this individual death or injury.
The Injury Suffered, Caused Some Financial Losses
This is where you are able to demonstrate how exactly, the defendant’s breaking the duty of care, caused you some financial loss. In the event you hit a pedestrian, and caused them a number of injuries, and those injuries now in-turn, caused them a series of financial losses including, for example – medical bills – present, future, physical therapy, psychiatric treatment, and more, property damage from a broken phone and laptop, pain & suffering, lost wages, loss of future earning ability as they may have lost the ability to perform certain movements that were critical to their former career, and much more.
While this is a relatively simplified version of how one can assign negligence, it is important for both defendants and victims to understand, as these factors are vital to the success of a personal injury case, and without being able to prove these factors, it might be in a victim’s best interests to try for a settlement or not file the suite at all. To schedule a legal consultation with some of the best personal injury attorneys in all of NYC, be sure to contact Levine & Wiss, PLLC. Today.