Lawyers & Law Firms

How Do You Prove Negligence in a Personal Injury Accident in Queens?

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After you have been involved in any type of personal injury accident in Queens, one of the first things you should do is to consult an injury attorney. They can help you negotiate for a better settlement, and they will be prepared to pursue your claim in court if a lawsuit becomes necessary. While it will be up to your attorney to prove negligence, you can better help with your claim if you know what that entails. Here are the basics of proving negligence in any injury claim.

Establish a Duty of Care

Your lawyer will have to prove that the defendant owed you a duty of care. This simply means that they had a reasonable obligation to ensure your safety. In an auto accident, the at-fault driver had an obligation to follow the traffic laws. In a slip and fall claim, the store owner had a duty of care to ensure the floors in his business were free of trip hazards.

Breaching the Duty of Care

Your attorney must also show that the defendant breached their duty of care. For the driver in an auto accident, speeding or breaking another traffic law is considered a breach. For the store owner, failing to keep a clean floor is a breach.

Establish Causation

After your personal injury accident in Queens, your lawyer will also have to establish that breaching the duty of care caused your accident. Furthermore, they will have to prove that the accident caused your injuries. Any medical condition that’s not directly related to the accident, such as having a heart attack hours later, cannot be said to have been caused by the accident.

When you do need help pursuing a personal injury claim after an accident, contact Norman Gershon for a free initial consultation by visiting https://normangershon.com/

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