How We Prove Negligence in Personal Injury Cases
Most personal injury claims are the result of someone’s carelessness. If someone else’s mistake, error, or failure to act caused you to suffer harm, you might have a negligence claim.
We have to prove all four of these factors to hold the defendant liable:
- Duty of care. The defendant must have had a legal duty of care toward you. For example, the owner of a hotel has a duty to take reasonable measures to keep the premises safe for paying guests.
- Breach of duty. When the conduct fails to measure up to the standard of the legal obligation, it is negligence. Let’s say that the hotel had a pool with lights underwater for nighttime swimming. The hotel had a responsibility to make sure that the pool lights did not cause harm to swimmers. In this example, there was a short in the wiring of one of the lights, causing an electrical shock to anyone who made contact with the fixture. The hotel was negligent.
- The carelessness must be the thing that caused the harm. In this scenario, an older guest went swimming. He brushed against the underwater light and sustained a severe electrical shock, which stopped his heart, resulting in his death. The hotel’s negligence caused the injury and wrongful death.
- Measurable damages. You must have quantifiable harm to pursue a personal injury claim. Physical injury satisfies this requirement.
We Can Help Determine Liability
Sometimes, fault is not entirely clear. Call us so that a personal injury lawyer serving Holtsville, Suffolk County, and Long Island can evaluate your incident to see if someone might be liable for your injuries.
Where You Can Find Our Personal Injury Law Firm in Holtsville and Other Locations on Long Island
For your convenience, we are located in:
Rosenberg & Gluck, LLP
1176 Portion Rd,
Holtsville, NY, 11742
Small Firm Service with Big Firm Results
At Rosenberg & Gluck, L.L.P., our legal team will go the extra mile for injury victims. As our client you will receive personal, responsive legal services. We will work hard to get you every dollar of compensation that you deserve.
Our clients get to devote their attention to getting better because they know we are fighting to protect their legal rights. If the insurance adjuster contacts you, tell him to talk to your lawyer. Insurance companies are not allowed to bother you when a lawyer represents you.
We take pride in offering you excellent, attentive service as well as a relentless focus on seeking results.
Call Us Today for Your Free Consultation
You should not delay in calling us. Keep in mind that New York law generally limits the amount of time you have to file a lawsuit for your losses. If you miss that deadline, you may be unable to file a lawsuit and recover compensation for your losses.
Call us today for a free consultation. We can also offer assistance in Spanish.