Personal Injury Attorney Dedicated to Helping Victims in New York City and Beyond

For over a decade, Attorney Nicholas Rose has successfully advocated on behalf of accident victims. As a New York City personal injury lawyer, Mr. Rose has obtained millions of dollars in verdicts and settlements on behalf of people and families throughout the city and the surrounding areas. He understands the importance of providing clients with careful attention and exploring the details of their situation before advising them on their options. At the Law Offices of Nicholas Rose, we are confident in our ability to aggressively pursue your needs and goals.

Assert Your Rights through a Negligence Claim

Negligence is the legal term for failing to act as a reasonable person would have behaved in a similar situation. If someone’s negligent behavior causes an accident, the victim may be able to hold the responsible party accountable for any harm that resulted.

To prevail in a negligence case, the injured person must show that he or she was owed a duty of care and that this duty was violated by the defendant’s careless conduct. In the remaining steps of the claim, the victim must prove that he or she was hurt because of the breach and that actual damages were incurred.

Perhaps you or a loved one was hurt in a motor vehicle accident due to the negligence of another driver. When this happens, you may be able to recover damages for your injuries. You must show that the other driver failed to use reasonable care while driving and that this failure caused the accident. In a standard negligence case such as a car crash claim, reasonable care is deemed to consist of the same precautions that an ordinary person would use under similar circumstances. Breaches of the duty of care may include speeding, failing to yield at an intersection, or violating another traffic rule.

Since negligence also requires showing causation, it is important for the victim to prove that another factor did not intervene to cause the accident. The defendant’s breach must have been a substantial factor in causing the harm. The accident also must have been a reasonably foreseeable result of the defendant’s careless conduct.

In certain situations, the injured person may have also partly caused the accident. For example, in a motor vehicle collision, perhaps the victim was speeding when the defendant ran a red light and crashed into the victim’s car. If the plaintiff’s speed partially contributed to the accident, he or she might still be able to recover compensation from the defendant, but it would be reduced by the percentage of harm caused by the plaintiff’s own negligence.

As the final element of a negligence claim, an injured party must provide evidence showing the damages that resulted from the accident. Quantifiable damages often include economic costs such as medical and hospital bills, as well as lost wages from missed work. Non-economic costs, which are more subjective, are also recoverable in many cases. These include compensation for pain and suffering or loss of consortium.

Wrongful Death Actions and Statutes of Limitations

In the event that a victim has been fatally injured in an accident, his or her family may be able to bring a wrongful death lawsuit. Typically, the family seeks compensation for losses related to their loved one’s tragic death. These may include funeral costs, burial costs, conscious pain and suffering before death, and lost earning capacity. In some cases, the family of the victim may also recover compensation for intangible losses, such as the loss of comfort and support formerly provided by their relative.

It is important to pursue a claim for injuries as soon as possible following an accident. New York law requires that negligence claims be brought within three years. Wrongful death claims generally must be brought within two years from the death of the victim.

Explore Your Options with a New York City Accident Lawyer

At the Law Offices of Nicholas Rose, we understand that investigating your rights and remedies can be complicated. If you or a loved one has been involved in a car accident or another incident of negligence in New York City or beyond, Attorney Nicholas Rose can guide you through the process of understanding your legal options and seeking compensation for your injuries. For over 10 years, Mr. Rose has successfully represented accident victims throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as in Nassau, Suffolk, and Westchester Counties. Call us at (877) 313- ROSE (7673) or contact us online for a free consultation.

New York Injury Lawyer Blog
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