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Filing a negligence claim after an accident

When an accident of any kind occurs, many people wonder who is at fault for what happened. Many New York accidents are caused by a negligent person or company who acted irresponsibly or recklessly. In the legal world, this behavior is referred to as negligence. For example:

  • A motor vehicle accident may be caused by a negligent driver who failed to stop at a stop sign.
  • A construction worker’s injury may be caused by a negligent company who failed to provide adequate safety equipment.
  • A slip-and-fall accident at a grocery store may be caused by a negligent retailer who failed to post wet floor signs or failed to clean up a spill.

If you were injured in an accident caused by a negligent party, you may file a negligence claim to recover damages. Your damages may cover:

  • Medical expenses
  • Lost wages
  • Loss of income earning capacity
  • Pain and suffering
  • Emotional distress
  • Mental anguish

Proving negligence in court requires you to establish the following four elements:

  • Duty: The party you are suing owes you a duty of care (e.g., motorists owe a duty to other motorists who operate their vehicles in accordance with the law).
  • Breach of duty: The party you are suing breached their duty. (e.g., apartment complex owner breached duty to residents by failing to fix broken steps).
  • Causation: The other party’s negligence caused your accident.
  • Damages: You suffered injuries and damages because of the accident.

You may present several types of evidence to establish your claim for negligence. Evidence may include:

  • Police reports written by an officer at the scene of the accident.
  • Incident reports filed with a property owner.
  • Witness testimony.
  • Photos/videos from the scene of the accident.
  • Expert testimony regarding causation and injuries.

You may need financial support to properly recover from an accident caused by a negligent party. An attorney with experience in personal injury law can help you recover the damages you deserve by collecting the evidence you need and presenting your case effectively to a judge and/or jury.

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