Personal injury claims arise when an individual is harmed due to another party’s negligence or wrongful actions. Successfully navigating the complexities of a personal injury claim requires a thorough understanding of the key elements that must be established. Failure to establish even one element can significantly jeopardize your ability to secure a favorable outcome. Please read this as we explore the concept of “duty of care” in the context of personal injury law and the importance of consulting with an experienced New York City Personal Injury Attorney.
What is “Duty of Care” in a Personal Injury Case?
When it comes to personal injury cases, “duty of care” refers to the legal obligation individuals and entities have to act with reasonable care to prevent foreseeable harm to others. Essentially, it means that a person or organization must take certain steps to avoid actions that could injure someone else. This standard is used to establish the expected level of care by requiring individuals to act with the prudence that a typical person would exercise in comparable situations. For example, motorists have a duty to operate their vehicles safely by complying with traffic laws and regulations. Additionally, business owners have to maintain a safe environment for guests.
A breach of duty occurs when a person fails to fulfill their obligations to ensure another’s safety. A breach of duty that results in harm can lead to a personal injury claim. In personal injury cases, negligence is the basis for liability. Negligence arises from a failure to uphold a duty of care. For a successful claim, you must prove the following elements:
- The defendant owed the plaintiff a duty of care. Duty hinges on the relationship between the injured party and the defendant.
- The defendant breached that duty by failing to act as a reasonable person would under similar circumstances.
- The breach of duty directly caused the accident and injury.
- The plaintiff suffered actual damages due to the breach of duty.
To build a strong personal injury case and maximize the chances of receiving the full and fair compensation you are entitled to, it’s essential to thoroughly establish each element of the claim. Inadequately addressing even one element can undermine the entire case.
Filing a personal injury claim in New York can be difficult, but Swerling Law can help. Our experienced legal team is dedicated to protecting your rights and securing the compensation you deserve for injuries. Contact our firm today to schedule a consultation to discuss your case and explore your legal options. We are committed to guiding you through each step to help you obtain justice.
