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The Law Offices of Frank J. Dito, Jr.

Determining if you have an Injury Lawsuit because of Negligence in New York City

Frank J. Dito, Jr.
Car accident, personal injury and workers’ compensation attorney serving Staten Island and Brooklyn New York.

Negligence lawsuits typically have specific elements to them which make the negligence claim against the defendant stronger.

Specific elements that should be presented and able to prove in an injury case where negligence is involved are:

  • Duty of Care - It must be established that the defendant owed a duty to you (the plaintiff) and there must be a reasonably foreseeable harm
  • Breach of Duty - Once it has been established that a relationship presents duty of care you must be able to prove that the defendant knowingly exposed you (the plaintiff) to a substantial risk of loss or danger or if the defendant claims they did not knowingly expose you to a risk that it is a risk that any other reasonable person would have realized the substantial risk.
  • Factual Causation (Direct Cause) - Once the prior two points have been established you must also be able to prove that the defendant's breach of duty was directly the cause of your injuries and loss.
  • Legal Causation (Proximate Cause) - You must be able to prove that the foreseeable cause was the direct cause of the injury and harm excluding any independent or unforeseeable causes.
  • Harm - The final thing that you must be able to prove in your lawsuit for negligence is that you (the plaintiff) must be able to prove substantial loss whether is it physical or economical or both. In a injury lawsuit you must be able to prove a substantial injury that has effected you (this injury must be something that was substantial). If the injury caused a loss of wages at a job or something similar it may also be included. Secondary losses may include issues that arose out of the substantial loss such as Post Traumatic Stress Disorder (PTSD).

Some negligence lawsuits involving injuries can be handled without a lawyer but there are other negligence lawsuits that are better off handled with the help of an experienced New York injury lawyer.  It is important when considering starting a lawsuit the reasons you should consider allowing an injury attorney to handle your injury that was caused by negligence.

For a free legal consultation and free, no obligation information regarding your particular situation call 800-310-5520 or contact us by filling out our online web form.