How to Prove Negligence in Personal Injury and Wrongful Death Claims
Sustaining injuries or losing someone you loved due to someone else's negligence can be devastating. The emotional, physical, and financial tolls are often overwhelming, but pursuing a personal injury or wrongful death claim can help ease some of those burdens. If you are looking to pursue a claim under New York law, it's essential to understand how fault and negligence are determined, as this will form the foundation of your case.
At the Law Office of Steven R. Smith, located in Garden City, New York, we understand the challenges of being injured or losing a loved one due to the negligence of others. However, it is possible to build a strong case for compensation. Here, we break down what negligence means in New York and how to prove it in personal injury and wrongful death claims.
How to Prove Negligence in New York
Negligence occurs when one person or entity fails to exercise reasonable care, resulting in harm to another party. Under New York law, negligence is not just an accident. Instead, it represents a failure to behave with the level of caution that a reasonable person would exhibit in similar circumstances.
For you to succeed in a personal injury negligence claim, you will need to demonstrate that the liable party did not fulfill their duty of care, and that failure directly caused the injury or death that you are claiming. To prove negligence under New York law, you must be able to establish the following four elements:
Duty of care: You must show that the defendant owed you a specific duty of care. This means you must prove the defendant had a legal responsibility to act (or refrain from acting) in a way that would prevent harm to others.
Breach of duty: Secondly, you must demonstrate that the defendant breached this duty. A breach occurs when a person’s actions—or lack of actions—fall short of the standard of care expected under the circumstances. For example, a driver texting while driving or a property owner failing to fix a known hazard could both constitute breaches of duty.
Causation: Next, you will need to prove that the injury or death you are claiming is directly linked to the defendant’s breach of duty. Without causation, a negligence claim cannot hold up in court. New York law recognizes two kinds of causation that must be established: actual cause (cause in fact) and proximate cause.
Damages: Finally, you must prove that the defendant’s negligence caused actual damages, such as physical injuries, medical expenses, lost wages, pain and suffering, or, in the case of wrongful death, funeral expenses and the loss of companionship. These damages must be measurable and documented to support your claim.
New York Comparative Negligence Rule
New York follows a "pure comparative negligence" rule. This means that even if you are found partially at fault for the accident, you can still recover damages. However, the amount of compensation you can recover will be reduced by your percentage of fault. For example, if you are found to be 30% responsible for the accident, your total recovery will be reduced by 30%.
Evidence Required to Prove Negligence
Evidence is the backbone of any successful personal injury or wrongful death case. To prove negligence, you will need to gather and present a variety of evidence. While not all types of evidence will be available for every case, some common types of evidence you should consider gathering include the following:
Accident reports: Police reports or incident reports can establish what happened and who was at fault.
Witness testimony: Statements from eyewitnesses can provide an unbiased perspective on the events that led to the accident.
Photographs and videos: Clear images or footage of the accident scene, injuries, or unsafe conditions can be compelling proof.
Medical records: Documentation of injuries, treatments, and diagnoses is essential for connecting the harm suffered to the defendant’s actions.
Expert testimony: Specialists, such as accident reconstruction experts or medical professionals, can help strengthen our case by providing informed opinions.
Specific Considerations for Wrongful Death Claims
Proving negligence in a wrongful death case follows the same principles as in a personal injury case, but with a few additional factors. Under New York law, only specific individuals can pursue wrongful death claims. These are typically close family members such as spouses, children, or parents of the deceased.
Additionally, damages in these cases often include loss of financial support and services, loss of parental guidance, and medical and funeral expenses.
Since the injured party is no longer alive to testify in these cases, the success of a wrongful death claim depends heavily on the strength of evidence and the testimony of other parties. At the Law Office of Steven R. Smith, we work closely with the deceased's surviving family members to gather this evidence and build the strongest case possible.
How an Attorney Can Help
At the Law Office of Steven R. Smith, we are committed to fighting for justice on behalf of our clients. Proving negligence is no simple task, especially when faced with resistant insurance companies or skilled defense attorneys. That’s why we emphasize thorough preparation, detailed evidence collection, and a tailored approach to every case we handle.
If you or a loved one has been injured or you’ve experienced a tragic loss due to someone else’s negligence, reach out to us. Together, we can work toward obtaining the compensation you deserve. Using our knowledge and experience in handling personal injury and wrongful death cases, we can help you hold the responsible parties accountable.
Reach Out to an Experienced Personal Injury Attorney
Suffering an injury or losing a loved one in an accident due to someone else's negligence can be overwhelming. However, you don't have to handle the legal aspects alone. At the Law Office of Steven R. Smith, we are dedicated to delivering the highest quality legal representation to help you hold the responsible parties accountable after an accident.
Located in Garden City, New York, we serve clients throughout the surrounding areas. Reach out to us today to schedule a consultation and learn how you can file a personal injury or wrongful death case to pursue compensation.