What Is Negligence?
You’ve probably heard people say that you
can sue for negligence when you’ve been injured, but you might not know exactly
what the word means. The definition of negligence is simply “failing to use
proper care.” This can mean something very different depending on what the
activity is, and whether training or a license is required. Just because you
were hurt, doesn’t mean that you will be successful suing the responsible
parties. That’s why it’s important to speak to a negligence lawyer in Queens to
find out if what happened to you is something that justifies a lawsuit.
Elements of a Negligence Claim
In order to succeed with a negligence
claim, it’s necessary to prove the following elements with a “preponderance of
the evidence.” This standard means that it’s more likely than not this it’s
true, much less of a burden than the “without a reasonable doubt standard”
required for criminal convictions. The elements of negligence are:
Duty of Care
The person that caused you harm must have
had a direct or implied responsibility to you. For example, drivers owe a duty
to others on the road, doctors must use established standards of care and
stores have a duty to the public to have a safe establishment. There is usually
no duty to trespassers and those engaging in unauthorized activities.
Breach of Duty
The duty is considered breached when
reasonable safety standards are not employed. For example, a driver blasts
through a red light, a doctor leaves an instrument inside a patient or a store
has oil on the floor. The standard of care varies based on the training and
expectations for the particular persons and circumstances.
Causation
It’s not enough that somebody had a duty
and breached it, it’s also necessary to prove that this breach of duty is what
caused the injury. For example, somebody slips on oil in a store. He gets up
and walks out of the store, and doesn’t seek medical attention for months after
the accident. Now he’s claiming that he has a permanent disability to his back.
This claimant would have a very hard time proving that his back pain was caused
by that accident.
Injury
An injury can be either physical or
monetary. It is technically enough for the claimant to give testimony about
their loss of money or physical injury, but in practice it’s best to have
receipts, bills and/or medical reports that substantiate your injury.
Car Accidents Are The Most Common Type Of Negligence Claims
Any negligence lawyer in Queens will tell
you that car accidents are the most common type of negligence claim. Most Queens,
Manhattan, Bronx, Staten Island and Brooklyn
traffic accident attorneys have more car accidents cases in their
office than any other type. Car accidents can cause very serious injuries and
the facts are usually straightforward, making most of these cases relatively
simple to prosecute. Some car accidents are much more complicated, involving
catastrophic injuries, multiple defendants and even issues of interstate
commerce and international law. So it’s best not to assume that your case is
simple and to hire the most experienced and reputable negligence
lawyer in Queens.
Read More:- https://www.wittenstein.com/what-is-negligence/
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