Substantial injuries can be life changing. If you are injured by a negligent person or company you will need to prove that it was the direct fault of the person you have a lawsuit against or else your case will be dismissed. There are certain things that an injured person must prove such as duty of care, breach of duty, direct cause, proximate cause and harm. When evaluating a lawsuit involving negligence there are many factors that go into determining the extent of the lawsuit such as injuries, loss of wages, and secondary issues such as Post Traumatic Stress Disorder (PTSD). To speak with an injury attorney regarding an injury that happened because of negligence in Staten Island, Brooklyn or throughout New York call 800.976.4904.

Determining if you have an Injury Lawsuit because of Negligence in New York City

Negligence lawsuits typically have specific elements to them which make the negligence claim against the defendant stronger.

Specific elements that should be presented and able to prove in an injury case where negligence is involved are:
  • Duty of Care - It must be established that the defendant owed a duty to you (the plaintiff) and there must be a reasonably foreseeable harm
  • Breach of Duty - Once it has been established that a relationship presents duty of care you must be able to prove that the defendant knowingly exposed you (the plaintiff) to a substantial risk of loss or danger or if the defendant claims they did not knowingly expose you to a risk that it is a risk that any other reasonable person would have realized the substantial risk.
  • Factual Causation (Direct Cause) - Once the prior two points have been established you must also be able to prove that the defendant's breach of duty was directly the cause of your injuries and loss.
  • Legal Causation (Proximate Cause) - You must be able to prove that the foreseeable cause was the direct cause of the injury and harm excluding any independant or unforeseeable causes.
  • Harm - The final thing that you must be able to prove in your lawsuit for negligence is that you (the plaintiff) must be able to prove substancial loss whether is it physical or economical or both. In a injury lawsuit you must be able to prove a substantial injury that has effected you (this injury must be something that was substantial). If the injury caused a loss of wages at a job or something similar it may also be included. Secondary losses may include issues that arose out of the substantial loss such as Post Traumatic Stress Disorder (PTSD).
Some negligence lawsuits involving injuries can be handled without a lawyer but there are other negligence lawsuits that are better off handled with the help of an experienced New York injury lawyer. It is important when considering starting a lawsuit the reasons you should consider allowing an injury attorney to handle your injury that was caused by negligence.

For a free legal consultation and free, no obligation information regarding your particular situation call 800.976.4904 or contact us by filling out our online web form.



                          
                                                                                                       
Frank J. Dito, Jr., Esq. a member of the "Multi-Million Dollar Advocates Forum", is an experienced trial attorney who represents injured individuals and their families. Frank is the author of "A Lawyers Guide to Car Insurance" , the publisher of the "New York Injury Law Blog" and he is a frequent speaker regarding the recovery of benefits and the preservation of rights resulting from accidents and work place injuries. If you or a family member has been injured in an accident or in the work place contact Frank J. Dito, Jr. to discuss your legal rights and how he assists clients in obtaining the benefits and compensation that they are entitled to.


IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Frank J. Dito, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Frank J. Dito, Esq.

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