New York Personal Injury Lawyers
Elements of Proof of Negligence
In a personal injury lawsuit, there are four elements that must be established in order for the defendant to be found negligent.
- Legal duty of care.
Generally speaking, this means that the defendant owed those around them a reasonable sense of not being placed in harm’s way.
- Proof that the legal duty of care was breached.
Once the legal duty of care has been established, it then must be proven that the defendant broke – or breached – the level of responsibility. In most cases, the judge and jury will focus on the unique aspects of the case, and determine what a “reasonable” person would have done.
This is the most complex of the elements as it determines that the defendant was directly or indirectly responsible for the injuries and damages caused.
- Proof of damages.
This is the victim’s opportunity to establish the cost of the injury. It can include, for example, medical costs, lost wages, and pain and suffering.
If you or someone you love has been harmed by someone else, seek the help of New York personal injury lawyers who have been successfully proving negligence for many years. Contact The Fitzgerald Law Firm today to schedule a free initial consultation. Our number is 1-800-323-9900.