The only way to know if you have a viable personal injury case is to schedule a consultation with an experienced attorney. Your attorney will be able to evaluate the facts and circumstances surrounding your accident and determine whether you can pursue a legal claim. However, it’s important to understand that there are a few elements that must be established in every personal injury case. You must be able to show that the defendant was negligent — and their negligence caused you to suffer the injuries you sustained.
Importantly, the basic requirements for demonstrating that you have a personal injury case include the following:
1. The At-Fault Party Owed You a Duty of Care
Whether the case involves a car accident, slip and fall, trip and fall, or other incident, when a negligence claim is assessed, the first step is to determine whether the defendant owed a duty of care. The duty of care depends upon the circumstances. For instance, a driver owes a duty of care to others on the road. A property owner has a duty to ensure their premises are kept in a reasonably safe condition for those who lawfully enter.
2. The At-Fault Party Breached Their Duty of Care
A breach of duty of care occurs when a person or organization fails to provide a reasonable level of care under the circumstances. This can arise due to either action or inaction. In a slip and fall case, if a store owner or manager knows that there is a spill in an aisle and fails to mop it in a timely manner or warn about it, they have breached their duty of care. In a car crash case, a duty of care can be breached by not operating a vehicle as a reasonably prudent person would have — road rage, drunk driving, tailgating, and speeding are all examples of how the duty of care can be violated.
3. The At-Fault Party Caused You to Suffer Damages
The third element that must be shown in a personal injury action is “causation.” This requires the plaintiff to show that the defendant’s negligence, carelessness, or recklessness caused the injury. Specifically, causation assesses whether the defendant could reasonably have foreseen that their actions or inaction might cause someone else to suffer an injury in order for the defendant to incur liability.
4. You Suffered Damages as a Direct Result of the At-Fault Party’s Breach
The last element that must be proven in a personal injury case is damages. A plaintiff must be able to show that they suffered an actual injury as a result of the defendant’s breach. If there are no damages, there is no case. Damages can be shown through medical records, receipts for out-of-pocket costs, pay stubs, tax returns, witness testimony, expert opinions, and other evidence. Recoverable damages in a viable personal injury case can include both economic losses — as well as non-economic losses for the pain and suffering experienced in connection with the accident-related injuries. In automobile accident cases the injured party cannot recover for their injuries, even if they meet the above criteria, unless they are found to be “serious” as defined by New York’s no-fault law.
Contact an Experienced New York City Personal Injury Attorney
If you were hurt in an accident caused by someone else’s negligence, and you are wondering if you have a case, it’s crucial to consult with a skillful personal injury attorney. At The Edelsteins, Faegenburg & Brown, LLP, we will evaluate your claim and fight for the compensation you deserve. Due to our dedication, knowledge, and acumen, our firm regularly obtains substantial settlements and jury verdicts for our clients. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.