How can I prove negligence in a catastrophic injury case?

In order to prove negligence in a catastrophic injury case in New York, you must establish four elements: duty, breach of duty, causation, and damages. Duty requires demonstrating that the defendant had a legal obligation to act with reasonable care. Generally speaking, this requirement is met as long as the defendant was in a position where a reasonable person would have acted with care. Breach of duty requires demonstrating that the defendant failed to use reasonable care, which would have avoided or substantially reduced the harm. Causation requires proving that the defendant’s breach of duty was the direct cause of the catastrophic injury. Damages refers to the physical, emotional, or financial harm suffered by the plaintiff. The best way to prove negligence is to obtain and review applicable records and documents, such as medical records, police reports, witness accounts, or photos of the incident. This can help establish the chain of events leading to the injury as well as the severity of the harm. In some cases, expert testimony can also be used to prove negligence. This is often necessary to contextualize the incident in a way that a layperson would not be able to do. Sometimes, the negligence can be inferred from the circumstances. If the defendant has already been found to have violated a state or federal law, that fact can be used as evidence of negligence. Additionally, if a defendant has already been found to have acted negligently in a similar incident, then this could be used to infer negligence in the current case. Finally, if the plaintiff proves all the required elements, a final decision on the negligence determination must be made by a judge or jury.

How can I prove negligence in a catastrophic injury case?

Related FAQs

Related Blog Posts