If your company or insurer is facing a personal injury claim following a car accident in New York, it is important to be familiar with car accident liability under New York law and what you can do to defend against the claim. A strong defense is one that knows what the plaintiff must prove and how to defend against their claims.
Personal injury defense
If one of your employees has been in a car accident and a personal injury claim for damages has been brought against them and your insurer, it is helpful to know who is considered liable in personal injury cases. Essentially, the negligent party in a car accident may be responsible to compensate the plaintiff for their damages, which can include physical, financial and emotional damages.
There are several elements that must be proven to demonstrate negligence, including the existence of a legal duty, a breach of that duty and injuries or damages suffered by the plaintiff that were caused by the breach of duty. Under New York law, the plaintiff must demonstrate that they suffered serious injury. Because of this, it may be possible to offer in defense that the plaintiff’s injuries were not serious.
In addition, the defense approach may include the issue of liability or the calculation of damages the plaintiff is claiming or both. Other issues can include that the plaintiff has not proven the elements of the claim, that the plaintiff is liable or, as an example, the company is not liable because the employee was operating outside of the scope of their employment at the time.
The best defense approach is specific to the unique circumstances you find yourself in. That is why it is beneficial to understand the defense options available for your situation and tailor them to fight the personal injury claim being brought against you.