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New York Negligence Personal Injury Claim

New York Negligence Personal Injury Claim

New York Negligence Personal Injury Claim

   

What You Should Know About Filing a New York Negligence Personal Injury Claim

You were involved in an accident. You believe it was not your fault, but that does not mean you’ll automatically have the right to recover compensation. Nor should you expect to automatically receive damages (or money) just because you are not liable. Not only are you required to file a New York negligence personal injury claim to pursue compensation, but you will also need to prove negligence. Due to the complications that so often arise in these cases, a negligence personal injury lawyer New York, NY trusts should be consulted for advocacy and advice. 

Understanding Negligence

Negligence is a legal term for fault. In a broad range of situations, a person will have a legal duty to follow the standard duty of care. This is a responsibility to not cause any accident or harm anyone. Duties can apply to a job, career role, store owner, employer, homeowner, animal owner, driver, and so forth. Examples of duties that these parties might need to adhere to, include:

  • Obeying traffic laws
  • Ensuring a premise is kept safe
  • Accurately caring for patients
  • Making sure an aggressive dog is not let loose

A duty might involve doing, or not doing, something. When the duty is not adhered to, and an injury or death results, a New York negligence personal injury claim may be filed. 

Is Recklessness the Same as Negligence?

Negligence is not the same as recklessness. It is possible for a person to be reckless in an accident, but not owe any compensation. In legal terms, recklessness is acting in an unsafe manner, and one that shows a disregard for human life or property. Recklessness refers to the behavior of a person. Their behavior may cause harm, and they did not care. Negligence focuses on the failure to be responsible and follow the respective duties of care. 

Types of Negligence

There are several forms of negligence, include:

Gross Negligence – When a person demonstrated a complete lack of concern for the wellbeing and safety of others, they may be grossly negligent. This is a serious form of negligence and could carry a separate criminal case (handled by the state prosecutor). An example might be when a doctor prescribes a medication even though the patient’s records clearly state he or she is allergic to it. 

Contributory Negligence – This is a type of negligence that the defense might use in a personal injury case as a means of baring a plaintiff from collecting damages. The defense demonstrates the plaintiff’s actions, or lack of, contributed to the negligence. 

Comparative Negligence – This is another type of negligence that may be used by the defense as an attempt to decrease the amount of compensation. The defense claims the plaintiff contributed to the accident. A percentage is assigned to the contribution, and as long as this number is no more than 50%, the plaintiff will receive compensation, but sans the percentage they were found to be liable for. 

If you are ready to speak to a lawyer about a New York negligence personal injury claim, call Oddo and Babat, P.C.

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