If you’ve suffered an injury because of the fault of another, the law gives you the right to compensation. The principle is simple: whoever is responsible for the harm you suffered should pay to make you whole again. But though it is simple in theory, it is rarely as simple in reality. You may be wondering, “How do I prove negligence in a lawsuit?”
At Cole, Sorrentino, Hurley, Hewner, & Gambino, P.C., our Buffalo personal injury attorneys understand it takes experience, dedication and skill to obtain the compensation you need for the harm you have suffered. Contact our office today to get started.
How Do I Prove Negligence in a Lawsuit? | Duty of Care
This refers to the fact that people are supposed to act a certain way. Drivers aren’t supposed to drive erratically or drunk while on the road and companies aren’t supposed to sell unsafe products without adequate warnings or protections.
How Do I Prove Negligence in a Lawsuit? | Breach of Duty
If no one has breached a duty, then there can’t be any negligence. Using the above example, a driver who runs a red light or a company that sells a medication without adequate warnings about its risks are potential examples of breached duty.
How Do I Prove Negligence in a Lawsuit? | Causation
The breach of the duty must be the actual cause of harm to the plaintiff. For example, if someone ran a red light, but the accident was because of another party driving drunk, then the driver who ran the red light isn’t responsible for the accident.
How Do I Prove Negligence in a Lawsuit? | Damages
This refers to the fact that the negligence must actually cause some form of harm, such as a personal injury. A plaintiff can’t recover damages if there wasn’t any damage. For dedicated legal representation, contact our Buffalo personal injury attorneys today.
Out of Town Legal Resources
I received an email last week from someone who had questions about their personal injury claim in Virginia. We primarily practice in Western New York, but we found this personal injury attorney in Virginia that did a great job with their online guides and videos. If you or someone you know has questions about personal injury claims in Virginia, take a look at this personal injury firm in Tysons Corner, VA.