When someone is injured due to another party’s negligence, they will often seek financial compensation to help cover the cost of their medical bills, lost wages, and any other damages they’ve incurred as a result of the accident. That being said, to recover compensation, you will have to hire an experienced Manhattan personal injury attorney who can work to help you satisfy the burden of proof. Please continue reading and speak with our firm to learn more about how to prove negligence in premises liability claims in Manhattan.
How do I prove that I was injured due to another party’s negligence?
To prove negligence in premises liability claims in New York State, you must demonstrate the following:
- That a duty of care existed. To prove that an individual owed you a duty of care, you must demonstrate that the property owner should have kept his or her property in a safe condition for you, the invitee. This fact remains true even for non-invitees in certain circumstances, such as property owners who must keep their sidewalks safe for all passersby.
- You must then prove that the property owner breached his or her duty of care. This means that you will have to prove that the property owner either knew or should have known about the unsafe conditions and failed to fix them. You can do so through incident reports, eyewitness testimony, surveillance footage, pictures, and more.
- You must then prove causation. Simply put, this means that you will have to prove that had the property owner simply fixed the unsafe condition(s), your accident, and therefore your injury, would not have occurred.
- You must prove damages. Finally, to win a personal injury claim, you will have to prove that you sustained actual damages as a result of the accident. Some examples of economic damages include the cost of medical bills, lost wages, the cost of rehabilitation, and more. You can also sue for non-economic damages, such as the loss of enjoyment of life, pain and suffering, scarring/disfigurement, loss of consortium, and more.
Keep in mind that to win a premises liability claim, you will have to file your claim within the state’s statute of limitations. Since the statute of limitations for personal injury claims in New York State is, generally, three years, you will, generally, have three years from the date of your accident to take legal action against the party responsible. Our firm is ready to help you today–all you have to do is give us a call.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call 866-749-7815 or fill out our contact form to schedule a free consultation with a New York City personal injury lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.