Basic Elements That Injury Lawyers Associate With Negligence

Pursuing an accident injury case can be the trickiest and hardest thing to do. People who file accident injury cases without competent lawyers on their side usually lose even where they were supposed to win. Personal injury claims especially those relating to medical malpractice or construction site injuries have everything to do with proving negligence. Negligence comes when certain elements combine. Proving that these elements were the cause of your injuries is hard without the input of an experienced construction accident lawyer New York as to offer. Negligence is a conduct that lacks reasonable standards meant to protect people from predictable risks of danger. See the four basic elements of negligence below:

Presence of a duty care

Once an accident has occurred, the lawyers are keen to establish whether the involved parties owed each other the presence of a duty. Everyone is expected to act in a reasonable manner always when driving, offering medical services and when working in a construction site. No accident injury claim can start or proceed before this duty is identified. Any construction accident lawyer New York has would be expected to identify whether any of those working in a construction site acted in an unreasonable manner leading to your injuries.

Breached duty

Every lawyer does all they can to see whether there was a breach of the duty in the course of the accident. When an individual fails to act in a reasonable manner towards the other person, a breach of duty occurs. For instance, the accident may have been caused by a reckless driver, or a defective product from a manufacturing company may have injured a customer. On the other hand, a breach of duty could be evident if a doctor gives the patient wrong medication leading to health deterioration. Any negligent medical failure is considered malpractice and a competent ‘failure to diagnose lawyer’ is the right professional to handle it.


Here, your injury attorney seeks to know if the breach of duty was the direct cause of the injuries you sustained. If the breach of duty at the construction site was the cause of the injuries, the construction accident lawyer New York has today may devise the course of your case with an aim to win a huge compensation for you. The lawyer may also argue out that the injuries became severe due to the failure of the involved party to act in a reasonable manner. An organization, business, person or any other entity could be the cause of the harmful breach.


When you are involved in an accident, you definitely have some things to lose. You could either lose your property, your loved one or even your health. Proving the worth of compensation for what you lose is a tactical thing. You may lose your case at this juncture if you don’t have a competent malpractice lawyer from a recognized medical malpractice law firm for hire to handle your case. The role of your lawyer is to prove the extent and nature of the injuries you sustained. The lawyer then documents the evidence of your injuries for a legal proceeding.

Whenever there are injuries through construction accidents or poisoning, negligence is the main cause. There is a party that was negligent towards a particular duty causing the injury. Proving this negligence is what determines the outcome of your case. It is not possible to prove negligence of the other party without the help of a competent lawyer from a reputable medical malpractice SPBMC law firm New York has today.

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