How Can You Prove Negligence in a Personal Injury Case?

If you have been injured in an accident that was someone else’s fault, you may be able to claim compensation for your injuries. The key is proving that the other person was negligent. A New York personal injury lawyer explains what is needed.

Duty of Care

To prove negligence, you first must show that the defendant had a “duty of care” toward you. This means someone’s legal duty to act with reasonable care to prevent harm to someone else. A duty of care is based on the relationship between the parties or the circumstances involved.

For example, a driver is assumed to have a duty of care to everyone else on the road simply by being behind the wheel of a vehicle. The owner of a business has a duty of care to customers and therefore is responsible to make sure their premises are free of hazards.

Breach of Duty

You must then establish that the duty of care was breached. You must prove that the other person failed to meet their duty, either through their action or their failure to act. Breach of duty is usually measured against what “a reasonable person” would do under similar circumstances.

For example, a driver who is distracted or driving recklessly has breached their duty of care to others on the road or to their passengers. A medical professional who failed to follow professional standards would also be considered to have breached their duty of care.

Causation

It is not enough to prove a duty of care and a breach of that duty. You must then show that the other person’s failure directly caused your injuries, property damage, or other losses. You must show that the harm wouldn’t have occurred without the other person’s negligence.

Causation generally falls into two types: cause-in-fact and proximate cause. For cause-in-fact, you must show that the other person’s actions were a factual cause of the injury, such as a driver running a red light and hitting a pedestrian. Proximate cause means that the injury was the foreseeable result of the failure in duty. For example, premises that were improperly maintained and led to a slip-and-fall accident.

Damages

The final element of negligence is actual evidence of the damages caused. Damages encompass both economic and non-economic losses due to the accident. Economic damages include any tangible loss that can be quantified financially, with evidence such as medical bills, bills for repair or replacement of property, and proof of lost wages.

Non-economic losses cover those intangible losses you have suffered as a result of the incident. This could include pain and suffering or emotional distress, among others. Evidence from therapists, or even your own personal diaries may help to prove non-economic damages.
If you have been injured in an accident caused by someone’s negligence, reach out to Miller, Montiel & Strano in Garden City, NY.

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