If another party was negligent in an accident that caused your injuries, you may explore pursuing a personal injury lawsuit against them. But the burden of proof is on plaintiffs in these legal cases, meaning you’ll need to prove that it is “more likely than not” that the defendant was negligent.
Learn how to prove negligence in a personal injury case below. For more personalized guidance regarding your accident, consult a personal injury lawyer in New York.
The Elements of Negligence in Personal Injury Claims
For a party to be “negligent” in an accident you were involved in, your case needs to meet four basic criteria:
- El demandado le debía un deber de diligencia.
- The defendant breached the duty of care to you.
- The breach caused an accident.
- You suffered damages (injuries) in the accident.
A wide range of incidents can fall under the “personal injury” umbrella, including car accidents, slip-and-fall incidents, product liability accidents, medical malpractice, and more. The circumstances of your accident will determine whether the defendant owed you a duty of care based on their relationship to you.
For example, drivers owe other motorists a duty of care to reasonably avoid accidents. Property owners owe visitors a duty of care to mitigate hazards that could lead to injuries. Medical providers owe patients a certain standard of care and are required to provide the same care that any other reasonable practitioner in their position would.
Breaching the duty of care involves failing to take the steps necessary to prevent harm to others. If you can tie the defendant’s action or inaction directly to your injuries and damages, you may have grounds for a negligence claim. A personal injury lawyer in New York can review your case to understand whether it may meet these criteria.
Evidence Required for Personal Injury Negligence Claims
Proving negligence in a personal injury case requires you and your attorney to collect evidence supporting the four elements above. While there is no specific evidence required for negligence claims, the more proof you can provide to support your case, the better.
Any of the following evidence can help with proving negligence in a New York personal injury case:
- Security camera footage of the accident
- Photos or videos of the accident scene
- Police reports or other accident reports
- Testimonios de testigos
- Medical records detailing the extent of your injuries and expected recovery
- Expert opinions to support assertions in the case
- Testimonio de reconstructores de accidentes
Personal injury lawyers in New York have extensive experience compiling evidence to build strong accident cases. Your attorney will take over much of this process for you while you focus on recovering from injuries.
Important Considerations for Proving Negligence in an Accident Case
Proving negligence in an accident case becomes much harder the longer you wait to start collecting evidence. There is a concept known as “preserving evidence” that involves documenting and maintaining potential evidence in its original state to prevent it from becoming lost.
In a personal injury accident, “preserving evidence” might include:
- Taking extensive photos and videos before leaving the accident scene, as much of this evidence will become lost after the cleanup
- Asking witnesses to record testimony within a few days of the accident, before they have forgotten essential details
- Requesting that an accident report or police report be made while you are still at the accident scene, providing third-party evidence with details of the event
Defendants are also responsible for preserving evidence related to the accident. For example, they cannot legally destroy or alter evidence such as black box or cellphone data. Still, it is generally your responsibility to take photos of the accident scene and speak to witnesses.
Aim to preserve as much evidence as possible in the days and weeks after your accident, and meet with an attorney early on to discuss next steps. Even though New York’s statute of limitations is generally three years for personal injury accidents, waiting too long to file a case against the at-fault party could make it more challenging to prove negligence.
Seek Help From a Personal Injury Attorney in Queens, NY
Proving negligence in a personal injury case can certainly feel overwhelming. If an attorney believes you have a case, this means there is likely sufficient evidence to support the defendant’s negligence. You can rely on your attorney to gather this evidence for you and compile it in such a way as to build a strong, compelling accident case.
At Elliot Ifraimoff & Associates, PC, we provide legal representation and support for victims of personal injury accidents. Check out our recent guide on pain and suffering calculations in personal injury cases, or reach out to our personal injury lawyers in New York at 718-205-1010 for a free consultation.
Preguntas frecuentes
How common are personal injury accidents in New York?
While there is not much data on the frequency of personal injury accidents that lead to lawsuits in New York, the NY Department of Health has compiled data on injuries in general. More than 155,000 New Yorkers suffer injuries that require hospitalization annually, while another 1.5 million are treated and released. Almost 8,000 New Yorkers die from injuries each year. If your personal injury has required significant medical treatment, talk to a personal injury law firm about proving negligence.
What happens if you miss the statute of limitations for a personal injury lawsuit?
Missing the statute of limitations for a personal injury lawsuit could make you ineligible to seek damages from the at-fault party. The court would likely dismiss your case unless you meet one of a few rare exceptions. Speak with a personal injury lawyer in Queens, NY, about your options.
Can you prove negligence in a personal injury accident without video footage?
While video footage is helpful in personal injury accident cases, you may still be able to prove negligence without this evidence. Other evidence, such as witness testimonies or photos of the accident scene, can be just as helpful in painting a picture of what happened. A personal injury lawyer in New York can help you understand the strength of your case.