How To Build A Personal Injury Case In New York
Published on:September 14, 2017

In New York, the biggest part of building any personal injury case is proving negligence. In New York, if you cannot clearly prove that the other party was negligent, then you really do not have a personal injury case. There are four elements to proving negligence, and your attorney will immediately start working on proving that your case shows absolute negligence in all four areas. You can help by following your attorney’s instructions and submitting any evidence or paperwork you have to your attorney immediately.

Responsible Behavior

It is expected that the owner of a retail store will keep all of the areas where the public is allowed to walk safe and clear of obstructions. Most people walking through a retail store do not expect to come across obstacles in the hallways, which is what causes many accidents. If the negligent party does not show responsible behavior, then that is one part of showing negligence in a personal injury lawsuit.

Failed To Act Accordingly

The moment a slippery liquid is spilled on a slick retail store floor, the proper way for the store manager or property owner to act is to put up warning signs and then clean up the mess. If the store fails to put up warning signs, then the customer have no idea that there could be a problem. Warning signs should stay up until the cleaning solution dries and the area is completely safe to walk on.

A retail store acts accordingly when it puts up warning signs, cleans up the spill, and then allows the area to dry before removing the signs. The driver of a vehicle acts accordingly when they yield the right of way to traffic to avoid an accident. But when someone fails to act accordingly and an individual or group of people get hurt, then that is part of the negligence associated with a personal injury lawsuit.

Failure To Act Accordingly Resulted In Injuries

One of the trickier parts of building a personal injury case in New York is proving that the failure to act accordingly by the other party is what caused your accident. There might have been a spill on the floor, but if you tripped over your own two feet in that same area, then you have no case. Your lawyer has to submit evidence and proof that the other party’s failure to act accordingly is what caused your injuries.

Intent

Your attorney will want to prove that the other party intentionally caused your injuries to help you get more of a settlement. In most cases, intent can be almost impossible to prove. But if there is clear evidence that your injuries were caused on purpose, then your attorney will want to collect that information and make it part of your lawsuit.

Personal injury lawsuits are different for each state, and in New York proving negligence is critical. All of the other aspects of a personal injury lawsuit, including the amount of your settlement, stem from the proof of negligence that your attorney submits. You will need to provide your attorney with facts about the incident, medical records, and any information you have about the accident to help build your case. It takes time to build a personal injury case in New York, but your settlement could be critical in making sure that you get back to the quality of life that you are used to.