Most personal injury claims are based on the legal concept of negligence. This means that someone else’s carelessness caused your injuries, and negligence is at the heart of many claims, such as car accidents, slip and fall accidents, and wrongful death. Keep reading below to learn more about the duty of care and what it means to breach that duty.
To win your case, you must be able to show:
To win your case, you must be able to prove all four of these elements. Failure to prove even one element means that you might not be able to recover compensation for your injuries.
A duty of care is a legal obligation to behave in a certain manner, typically established by law, morals, or custom. The specific duty required depends on the situation. In most cases, you have a legal duty to act as a reasonable person would under similar circumstances.
For instance, when you drive a car, you have a duty to operate it safely to avoid car accidents. If you are a property owner, you have a duty to keep the property free of unsafe conditions. Medical providers have a duty to render medical services in accordance with accepted medical standards.
A breach of duty occurs when someone fails to uphold the accepted standard of care under the circumstances. The standard that applies in most cases is the “reasonable person” standard. Keep in mind that someone may breach a duty either through action or inaction. For instance, if a property owner fails to repair a dangerous condition, their inaction may constitute a breach of their legal duty to maintain safe premises.
The “reasonable person” standard requires a judge or jury to determine how a hypothetical reasonable person would act in the situation. If the defendant acted in a manner inconsistent with reasonable conduct, then they have breached their duty of care.
Once you have established that a legal duty has been breached, you must prove that the breach caused your injuries. If the defendant’s breach did not cause your injuries, then they will not be held legally responsible for your damages.
For instance, imagine that a distracted driver is texting while driving. Although that driver may be breaking the law and has breached their duty, they are not considered legally negligent if they did not cause an accident. However, if that driver rear-ends your vehicle and causes you a neck injury because they were texting, they could be held liable for your medical bills, lost wages, pain and suffering, and more.
In some situations, both parties may share responsibility for the accident. This means that both the victim and the defendant breached their duty. New York follows a pure comparative negligence rule. This means that an injured victim can still recover compensation for their injuries even if they shared some of the fault for the accident.
However, a victim who shares some of the fault for their accident will have their recovery reduced by the percentage of fault they bear. For instance, imagine that you are hurt in an accident but are found to be 30% responsible for the accident. In that case, you would still be able to recover 70% of your damages from the defendant.
If a victim can prove all the legal elements of negligence, then they can recover both economic and non-economic damages. This means that they may recover compensation for their monetary losses as well as their physical and emotional pain and trauma.
Common damages available in personal injury claims are:
The amount of compensation available in your case depends on the specific facts of your situation. Cases involving more severe injuries will typically be worth more. An experienced personal injury lawyer can help identify all the damages available in your claim.
After an accident, the thought of taking on the insurance company in a personal injury claim may seem overwhelming. Thankfully, you do not have to go through this difficult and complex time on your own.
Contact the experienced legal team at Passalacqua & Associates, LLC for a free consultation at (315) 500-6425. Our Utica personal injury attorneys can help you prove the defendant’s breach of duty and fight to hold them accountable for your losses.
Passalacqua & Associates, LLC provides legal representation for individuals facing personal injuries and criminal charges. Our attorneys offer compassionate guidance and aggressive strategies, and we’re committed to achieving the best possible outcomes. We’ll protect your rights and navigate legal complexities on your behalf.
Passalacqua & Associates, LLC proudly serves clients in Utica, Syracuse, and the surrounding upstate New York communities. We are dedicated to providing accessible and effective legal services to those in need of experienced personal injury and criminal defense representation within these regions.