Each year, thousands of New Yorkers suffer serious injuries due to someone else’s negligence. Negligence is generally defined as a breach of duty or failure to act in a reasonable manner that causes injuries or damages to yourself or someone else. Here are some examples of negligence:
- A driver fails to yield the right-of-way at an intersection, causing his vehicle to strike the front passenger side of another vehicle.
- A truck driver violates federal regulations by failing to take appropriate rest breaks and falls asleep at the wheel, causing her truck to veer into a passenger vehicle in the next lane.
- A store customer trips and falls due to uneven carpeting that the store manager failed to fix.
- A physician fails to properly diagnose their patient, preventing the patient from receiving the correct treatment early on and resulting in disease progression.
Can I file a negligence claim to recover damages?
If you have suffered harm because of someone else’s negligent actions, you may be able to file a personal injury claim against the negligent party to recover compensation for your injuries and damages. Before you file your claim, you should be aware that:
- If you were involved in a car accident, you can only file a claim against the at-fault driver if you meet the serious injury threshold under New York’s no-fault laws.
- If you were partially liable for your own accident, your damages award will be reduced based on the percentage of fault attributed to you.
- Medical documentation, wage records, expert testimony, witness testimony, and photos and videos from the scene, and other evidence can help prove negligence.
An attorney specializing in personal injury claims can help you recover the damages you are entitled to. Your attorney can collect the necessary evidence and build a case to establish the legal elements of negligence (duty, breach, causation, and damages).