Bronx Personal Injury Attorney

Liability in a personal injury case is typically established by proving that the defendant acted negligently. Here’s a general overview of how liability is established in a personal injury case:

• Duty of Care – You must first demonstrate that the defendant owed you a duty of care. The duty of care is a legal obligation to act reasonably and prudently to prevent foreseeable harm to others. For example, drivers have a duty to operate their vehicles safely and obey traffic laws, property owners have a duty to maintain safe premises, and healthcare providers have a duty to provide a certain standard of care to their patients.
• Breach of Duty – You must then show that the defendant breached this duty of care by failing to act as a reasonable person would under similar circumstances. 
• Causation – Next, you must establish a causal link between the defendant’s breach of duty and your injuries. It’s not enough to show that the defendant’s actions were a mere factor—they must be the proximate cause of the harm.
• Damages – Finally, you must prove that you suffered damages as a result of the defendant’s breach of duty and the resulting injuries. Damages can include medical expenses, lost wages, pain and suffering, emotional distress, and other losses incurred due to the injury.

To establish liability, plaintiffs typically present evidence such as eyewitness testimony, expert witness testimony, medical records, photographs, accident reports, and other relevant documentation. If they successfully prove all elements of their case by a preponderance of the evidence (i.e., it is more likely than not that the defendant is liable), they will be entitled to compensation for their injuries and damages.