Personal injury claims are legal disputes that arise when someone suffers harm due to an accident caused by another person's negligence. In New York personal injury claims can be filed for a wide range of accidents, including car accidents, slip and falls, and medical malpractice, among others. When filing a personal injury claim, one of the crucial elements to prove is the negligence of the responsible party. Negligence refers to the failure of an individual or entity to act reasonably, contributing to the cause of the accident. In this post, we will explore the role of negligence in personal injury claims in New York.
Elements of Negligence
Negligence has four elements that must be satisfied for it to be legally established in a personal injury claim. These elements include; duty of care, breach of duty, causation, and damages. Duty of care refers to the responsibility of an individual or entity to act reasonably in ensuring the safety of others. In personal injury claims, duty of care is often established by proving that a direct relationship existed between the plaintiff and the defendant. Breach of duty occurs when the defendant fails to act reasonably, and their action or inaction causes harm to the plaintiff. Causation refers to the link between the defendant's actions and the plaintiff's injuries. Lastly, damages refer to the injuries suffered by the plaintiff, both economic and non-economic.
Comparative Negligence
In some cases, the plaintiff may also be partly responsible for their injuries, which can complicate the personal injury claim. In New York, if the plaintiff is found to be partly at fault for the accident, the concept of comparative negligence applies. This means that the plaintiff's compensation will be reduced by the percentage of their fault. For instance, if a court determines that the plaintiff was 20% responsible for the accident, their compensation will be reduced by 20%.
Statute of Limitations
In New York, the statute of limitations for filing a personal injury claim is three years from the date of the accident. After the three-year period elapses, the plaintiff loses the right to file a personal injury claim. It is essential to file a claim within the stipulated period to avoid losing the right to compensation.
Conclusion:
In conclusion, the role of negligence in New York personal injury claims is significant. It is essential to understand the four elements of negligence and how they apply to your accident. Additionally, the concept of comparative negligence is crucial in cases where the plaintiff may also be partly responsible for their injuries. The statute of limitations must also be observed when filing a personal injury claim. Consulting an experienced personal injury attorney can help you navigate through the legal process and increase the chances of getting the compensation you deserve.
