Accidents between motor vehicles and bicycles can be devastating and life-threatening. When a Brooklyn resident is hurt in a crash with a vehicle, they may sustain serious injuries, lose work opportunities, and acquire extensive medical bills. The financial upheaval of becoming a bike accident victim can be difficult to overcome.
Victims can, though, often seek the recovery of their damages through lawsuits based on their personal injuries. Every personal injury case is different, however, and no victim should assume that they will recover their losses in full. A knowledgeable New York-based personal injury attorney can guide a victim through the litigation process as this post does not provide any legal advice.
Elements of an accident claim
When a bicycle accident victim prepares a claim for court, they must offer explanations and evidence to support the elements of the personal injury causes of action they wish to prove for their recovery. Negligence is one of the most common causes of action that personal injury victims use. The elements of negligence generally are:
- Duty: The party that caused the other’s injuries had a duty of care to extend to the victim.
- Breach of duty: The party with the duty failed to act reasonably given their circumstances and breached their duty of care.
- Causation: The actions of the responsible party caused the harm and losses suffered by the victim.
- Damages: The victim suffered actual losses in the form of physical harm, monetary loss, and others.
Readers should consult with New York attorneys to understand the specifics of how New York courts adjudicate negligence claims.
End goals of personal injury litigation
A lawsuit can be a lengthy and cumbersome process, but it is a legal and financial necessity for many. The end goal of a personal injury lawsuit is financial recovery so that a victim is made whole and so that they can go back to living their life. Victims who are ready to talk about their legal rights and options can seek the counsel of personal injury attorneys in their communities.