Every year, numerous individuals in the state of New York suffer injuries in auto accidents. Following a car accident injury, one may experience financial and emotional losses on top of any physical pain and suffering. With mounting damages, it is normal to want to seek compensation through legal means, but what elements must exist in one's case for it to be successful?
Many personal injury cases are settled without having to go to trial. For those that are not, in order for them to be successful, the plaintiffs have to prove that certain elements exist in their cases. The five required elements are:
- The responsible party had a duty of care
- The responsible party breached that duty
- The breach was the result of negligent actions
- Damages were suffered by the victim
- The damages are deemed in the responsible party's scope of liability
If any of these elements do not exist, one's request for damages may be denied. If the responsible party is deemed only partially at fault, only partial damages may be awarded. A careful case review is necessary to determine if the required elements exist before one takes any sort of legal action against the party thought responsible for one's losses.
New York residents or visitors to the state who have suffered a car accident injury have every right to question liability. If legal actions are thought an appropriate way to handle the situation, an experienced personal injury attorney can help them pursue any applicable claims in civil court. If litigation proves successful, monetary judgments for any and all recoverable damages may be awarded.