You Are More Than
Just Another Accident Case

Negligence Cases

I remember my first day of law school approximately 30 years ago. I learned the legal definition of negligence. Determining negligence is a three-step formula:

  1. Someone has a duty or obligation to do something (for example, drive carefully, stop at a stop sign, stop at a red light, drive carefully).
  2. The failure in that duty, obligation or failure to act in a reasonably prudent manner or fashion.
  3. As a result of that failure, someone (the plaintiff) is injured.

It became a mantra in law school: duty, failure and harm. Essentially, negligence means that someone failed to act properly or reasonably correct. The law does not say that someone (defendant) must be perfect; rather, people must act reasonably.

All actions are judged with this formula. Negligence is a term denoting that someone acted beyond the normal or regular bounds and then caused harm. There are many forms of negligence: car accident negligence, nursing home negligence, trip- or slip-and-fall negligence, premises negligence, medical malpractice, product liability. All of these types of personal injury cases boil down to negligence.

Questions I Ask When Assessing A Case

These are the following questions I face as an attorney at The Law Offices of David Ascher when I work on your case:

  1. Who are the negligent parties?
  2. How can I prove they were negligent?
  3. What evidence can I use to prove the defendants were negligent?
  4. What investigation and information do I need?
  5. What is the best way maximize the damages so I can maximize your recovery?

To see the various personal injury or negligence cases we work on, please see the practice areas and “Recent Developments in the Law.”

Discuss Your Options

Call my New York office at 212-964-1515 or email me today to learn how I can help.

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