What’s a Negligence Lawyer?

Lawyers graduate with a degree called a Juris Doctor that is required in New York, and in most other states, as a prerequisite for taking the bar examination and admission to the profession. Whereas doctors usually specialize in a particular area and become certified to practice medicine in that field, lawyers all graduate as generalists after studying many areas of the law in school. One of the major areas of law school study, called “torts” is about civil liability for injurious conduct. A negligence lawyer is an attorney that specializes in collecting money for people that have been injured by the negligent, reckless or intentional acts of others. Wittenstein & Wittenstein is the negligence lawyer in Queens that’s been trusted by more New Yorkers than any other firm.

Negligence Is a Fancy Word For Mistake

So, why aren’t negligence lawyers called “Negligence, Recklessness and Intentional Act Lawyers.” Most negligence lawyers in Queens and most personal injury lawyers in NYC will handle a wide range of tort cases that include reckless act such as driving drunk or intentional acts such as defamation, but these cases are usually few and far between because people are reckless or intentionally harmful that often. On the other hand, people make mistakes all the time, such as not noticing a stop sign, following too closely or not replacing a bannister. For medical malpractice this can mean forgetting to check a patient’s allergy record or leaving a surgical instrument inside a patient. Negligence cases are based on mistakes, but there’s much more involved in a successful tort claim for compensation for injurious conduct than proving that somebody made a mistake. That’s why it’s important to hire the best negligence lawyer in Queens that knows how to maximize the value of your claim.

The 4 Elements Of A Tort Claim

The first element of a tort claim is providing that the person that caused your injury had a duty to keep you safe. Duty is an easy element to prove in most cases because it’s clearly delineated by law. All drivers have a duty of care to other drivers, pedestrians and everybody on the road, a doctor has a duty of care to patients and individuals and businesses have a duty of care to people legally in their home. The classic example of a claim that doesn’t meet the duty of care requirement are premises liability cases brought by trespassers, with some exceptions such as leaving items such as swimming pools accessible to children. Once a duty of care is established, it must be shown that there was a breach of that duty such driving through a red light or not providing enough lighting in a staircase. Even if a driver admits that he went through a red light and hit your car, that doesn’t prove that he caused injuries. You’ll need to prove that the injuries your claim was caused by the crash, not something that happened before or after it. You’re not done yet by proving there was a duty, the duty was breached and that it caused in injury, you still need to monetize the extent of the damage. If you’re severely injured and are admitted to the hospital for emergency surgery to repair serious fractures, the element will take care of itself, but if you sprain your ankle and never see a doctor, your claim is likely to fail to meet the proof of damages element.

Personal Injury Lawyer In NYC

The best personal injury lawyer in NYC will handle your negligence case efficiently and help you collect the compensation you’re entitled to as quickly as possible. Wittenstein & Wittenstein is the negligence lawyer in Queens to call when you have any type accident.

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About the Author:

Alyce Wittenstein is a world class attorney, blogger and filmmaker. She began working at the firm in 1985 as a managing paralegal, learning all the practices and procedures of the firm from Mr. Wittenstein and the staff. From 1995-1998, she attended CUNY Law School where she made a mark as a teaching assistant for Civil Rights leader Haywood Burns. She founded a Human Rights Delegation to Haiti and studied Constitutional Law with Supreme Court Justice Ruth Bader Ginsburg. Working at the Equal Opportunity Employment Commision (EEOC), she learned a great deal about Employment Discrimination matters. She brought her knowledge of the Personal Injury practice and her passion for Civil Rights to the firm when she was admitted to the Bar in 1999. In 2000, she became a partner and the firm name was changed to Wittenstein & Wittenstein, Esqs. PC.

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