Negligence in Personal Injury Claims and Lawsuits
Have You Been Injured Due to Negligence?
Negligence is a key factor in personal injury claims and lawsuits. Where another individual or entity has been negligent or guilty of wrongdoing and causes the injuries of another, the negligent party(ies) may be held legally responsible. They or their insurance company may be held liable for monetary compensation for the damages connected with such injuries through an injury claim or lawsuit brought by the injured person.
Negligence is generally a matter of carelessness - an action or a failure to act in a reasonably prudent manner under the circumstances. For example, a driver who is texting while driving is a negligent driver. Similarly, a landlord who refuses to repair a broken staircase on his premises may be deemed negligent by a court for failing to provide a safe environment for tenants and visitors. Negligence or misconduct is often the underlying cause in many different types of accidents, such as those involving cars, buses, bicycles, motorcycles, trucks, and pedestrians as well as dog bites, construction accidents, hit and run, slip and/or trip and fall accidents, train accidents, and swimming pool accidents.
What Must Be Proven in a Negligence Case?
To support a claim of negligence in a personal injury case, you must show that the negligent party owed you a duty of care, that he or she violated that duty, that the breach of duty caused your injuries, and that you incurred economic or non-economic damages due to the injuries, such as medical expenses, loss of earnings, pain, suffering, emotional trauma, and similar losses. All these factors must be documented and presented in your claim to an insurance company or in your lawsuit against the negligent party through the courts.
At McCabe Coleman Ventosa Patterson PLLC, we are fully versed in personal injury law and negligence claims. We have considerable experience in this field and represent clients throughout the Hudson Valley, including those in the counties of Dutchess, Orange, Ulster, Putnam, Sullivan, Greene and Columbia.
For more information about our experienced legal services, contact us today.