If you suffered an injury on Long Island or anywhere in New York because of someone else’s negligent behavior, you could have the right to pursue a personal injury lawsuit. Negligence covers a wide range of scenarios: motor vehicle collisions, slip and fall accidents, medical errors, and more.
When a person or entity fails to act with reasonable care and causes harm, the injured party may file a personal injury claim. This is generally how you can seek compensation for medical bills, lost income, pain and suffering, and other losses.
Rosenberg & Gluck LLP is based on Long Island and helps individuals in Suffolk County, Nassau County, and the Boroughs address the challenges that result from being injured in an accident due to another’s negligence. An experienced personal injury lawyer can explain your rights, investigate your case, and handle the legal process so you can focus on healing.
What is Meant by Negligence?
Negligence is a foundational legal concept in personal injury law. It essentially means that a person or entity acted without the reasonable care expected under the circumstances, causing another individual to suffer harm.
For instance, if someone ignores a stop sign and crashes into another car, that driver may have been negligent. If a property owner fails to correct a hazardous condition and a visitor slips and falls, that property owner may be responsible for the resulting injuries.
People in Long Island and across New York generally expect others to behave in a way that doesn’t place others at unreasonable risk. When we drive on the Long Island Expressway or walk into a grocery store, we rely on others to follow traffic laws or maintain safe premises. The concept of negligence is what ensures that when someone fails to do so, the injured party has a legal avenue to pursue compensation.
Negligence covers many different case types, from car accidents to product liability. It applies in everyday situations (like slip and falls) as well as more specialized settings (like surgical errors). When you bring a negligence claim, you typically need to show that the defendant’s lack of care directly caused your injuries and that your injuries led to measurable damages, like medical expenses or lost wages.
What Is Negligence Under New York Law?
Under New York law, negligence occurs when a person or entity fails to take the level of care that a reasonably prudent person would have taken under the same or similar circumstances. This standard sets the bar for how individuals should behave to keep others safe.
A “reasonably prudent person” might be a fictional yardstick. It’s not that we need everyone to be perfect, but New York law says we must strive to follow the same level of care that a typical, reasonable person would exercise to prevent harm. If someone acts (or fails to act) in a way that deviates from this standard, they could be found negligent.
Some examples that frequently arise in negligence claims on Long Island:
- A store manager notices a wet floor but doesn’t place a sign or clean it up. A customer slips, breaks a hip, and faces a lengthy recovery.
- A driver texting behind the wheel drifts from the lane and collides with another vehicle, causing serious injuries to the other driver.
- A nursing home staff member fails to properly secure bed rails for an elderly resident, leading to a fall and injury.
- A construction site manager disregards safety codes, and a worker is hurt in a preventable accident.
These examples highlight how negligence can crop up in our daily lives, resulting in real harm that deserves legal attention.
How a Lawyer Proves Negligence
To sue for negligence, the injured party (plaintiff) must present evidence that meets certain elements. Although each case is unique, New York law generally follows four required elements of a negligence claim:
- Duty of Care
- Breach of Duty
- Causation
- Damages
Duty of Care
The duty of care is the legal obligation to act in a manner that prevents foreseeable harm. Drivers have a duty to follow traffic laws and drive safely. Property owners have a duty to maintain safe premises for guests or visitors. Doctors have a duty to follow the standard of care for their field when treating patients.
A duty of care may arise based on relationship, circumstance, or role. For instance, a doctor-patient relationship clearly establishes a doctor’s duty of care. A landlord-tenant relationship creates a landlord’s duty to maintain common areas. Even a casual scenario, such as a grocery store owner with customers on the premises, imposes a duty of care on that owner to keep the store free of dangers that customers are likely to encounter.
Breach of Duty
Once a duty has been established, you must show the defendant failed to meet that duty. This breach can stem from an action (like running a red light) or an omission (like failing to replace a loose handrail). Proving a breach often involves comparing what the defendant did (or didn’t do) to what a reasonably prudent person would have done under the same situation.
Causation
Causation has two elements in New York: “actual cause” (or “but-for cause”) and “proximate cause.” Actual cause means your injuries would not have occurred “but for” the defendant’s actions. Proximate cause means the injuries were a reasonably foreseeable result of the defendant’s conduct and not caused by an unforeseeable intervening event.
In a car accident, it might be simple to demonstrate causation: the collision (a foreseeable result of negligence) caused the victim’s injuries. In more complex scenarios, such as medical malpractice, additional proof and expert testimony might be required to link the breach to the injuries.
Damages
Finally, you must demonstrate that negligence caused real harm, such as bodily injury, property damage, or financial loss. Damages can include medical bills, lost wages, physical pain, emotional distress, and more. A claimant needs to show tangible or measurable losses. In many cases, documenting medical treatment, pay stubs, and other expense records helps illustrate the scope of harm.
Shared Fault: Comparative Negligence in New York
New York follows a pure comparative negligence system. Even if you share some portion of the blame for your accident or injuries, you may still recover compensation. Under pure comparative negligence, any compensation you receive is reduced by the percentage of fault attributed to you.
For example, if a jury finds you 20% at fault and the defendant 80% at fault, you will still receive 80% of your total award. This allows injured individuals to bring claims even if they believe they might share some liability.
The comparative negligence system often comes into play in car accident cases, where two drivers might have contributed to a collision. It can also arise in slip and fall matters if, for instance, the injured person ignores a clearly posted warning sign. Regardless, you may still pursue a negligence claim in Long Island or anywhere in New York under this system.
Potential Compensation in a Negligence Lawsuit
A successful negligence lawsuit may allow you to recover different types of compensation for your losses, including:
- Medical Expenses: Emergency care, hospital stays, surgeries, prescription medications, rehabilitation, and ongoing treatments.
- Lost Wages: Income lost due to time off work for recovery. This can include estimated future earnings if your injuries prevent you from returning to your prior job.
- Property Damage: If your car or personal belongings were damaged, you can pursue costs for repairs or replacement.
- Pain and Suffering: Physical pain, chronic issues resulting from the injury, mental anguish, and diminished quality of life.
- Emotional Distress: Anxiety, depression, post-traumatic stress disorder (PTSD), and other psychological impacts of your injuries.
- Loss of Consortium: For spouses, this might be a claim for loss of companionship if the injuries significantly affect the marital relationship.
Every negligence claim is unique, so the total compensation package can vary. The nature and severity of your injuries, the extent of your treatment, and the facts of your case will shape possible recovery.
Statute of Limitations and Filing Deadlines
Filing deadlines (statutes of limitations) limit how long you have to begin a personal injury lawsuit. New York has specific deadlines that depend on the nature of the claim and the party you’re suing. Missing the relevant deadline could mean losing your right to seek compensation.
General Deadlines in New York
For personal injury accidents (such as car collisions, slip and falls, and product liability claims), the civil statute of limitations in New York is generally three years from the date of the accident. This time limit covers most negligence claims. If you wait too long, the court may dismiss your case.
However, there can be exceptions, such as when the injury isn’t discovered right away or when a minor is involved. These situations might pause (or “toll”) the clock, extending the deadline. It’s beneficial to reach out to a lawyer as soon as you can after an accident to evaluate if any exceptions apply.
Wrongful Death Claims in New York
If negligence leads to a person’s death, certain family members may bring a wrongful death lawsuit. In New York, the filing deadline for wrongful death claims is always two years from the date of death—even in medical malpractice cases. This is distinct from the three-year timeframe for most injury claims. Waiting beyond two years likely means you cannot file.
Suing a Municipality in New York
Accidents sometimes involve a municipality, such as a city bus crash or a slip and fall on public property. When suing a government entity, you typically must file a notice of claim within 90 days. This filing is necessary before the official lawsuit can proceed. If you miss the 90-day window, you can lose your right to bring a claim. Because municipalities have unique procedural requirements, prompt action is recommended.
New Jersey Statute of Limitations
If your accident occurred in nearby New Jersey, the civil statute of limitations is generally two years for personal injury claims. Although Rosenberg & Gluck LLP is located on Long Island, some residents may commute or travel through New Jersey. If you’re injured in that state due to someone else’s negligence, keep in mind that the filing deadline is different than New York’s.
Filing a Negligence Claim With Rosenberg & Gluck LLP
Rosenberg & Gluck LLP assists clients throughout Suffolk County, Nassau County, and the Boroughs. A personal injury claim can involve complex legal processes, from investigating the accident to negotiating with insurance carriers. A law firm can do the following:
- Investigate the Accident: Gather evidence, review accident reports, interview witnesses, and consult with experts when appropriate.
- Calculate Damages: Identify the full extent of your losses, including medical expenses, lost income, and pain and suffering. This helps determine a figure to pursue through negotiations or litigation.
- Negotiate With Insurance Companies: Insurance carriers may push for the lowest possible settlement. A thorough approach and well-prepared case can encourage fair offers.
- Litigate When Needed: If the insurer refuses to pay a fair settlement, we can file a lawsuit and prepare for trial. Sometimes, this pressure compels insurers to settle. Other times, it may be necessary to take the case before a judge and jury.
Our firm understands that accidents place an enormous strain on you and your family. Handling medical appointments, lost wages, and the emotional toll of recovery is already stressful. A lawyer can manage legal tasks and fight for the compensation you deserve.
Contact Rosenberg & Gluck for Help
Handling a negligence claim can feel intimidating when you’re already dealing with the aftermath of a serious injury. If you or someone close to you was hurt by another party’s careless or reckless actions, explore your legal options as soon as you can. The statute of limitations may limit your time to act, and early action can help preserve vital evidence.
Contact Rosenberg & Gluck LLP and let us review your case and outline how to move forward under New York law. Call our Long Island office at 631-451-7900 or contact us online to schedule a free consultation and case evaluation.
