To succeed and obtain compensation for your injuries, you generally need to prove the following elements:

1. Duty of Care: You must establish that the defendant owed you a duty of care. This means showing that the defendant had a legal obligation to act reasonably and responsibly in a given situation. For example, drivers have a duty to operate their vehicles safely, and property owners have a duty to maintain safe premises.
2. Breach of Duty: You must demonstrate that the defendant breached their duty of care. This involves proving that the defendant’s actions or failure to act fell below the standard of care expected in that situation. For instance, a driver who was texting and caused an accident breached their duty of care.
3. Causation: You need to show that the defendant’s breach of duty directly caused your injuries. This means establishing a clear link between the defendant’s actions or negligence and the harm you suffered. It’s crucial to prove that, had it not been for the defendant’s actions, the injuries would not have occurred.
4. Damages: You must provide evidence of the actual harm or damages you suffered due to the defendant’s actions. These damages can include medical expenses, lost wages, pain and suffering, emotional distress, property damage, and more. Documenting and quantifying these losses is vital to support your claim for compensation.

New York follows the rule of comparative negligence, allowing for compensation even if the injured party shares some responsibility for the accident. However, the compensation may be reduced based on the percentage of fault attributed to the injured party.

Generally, the statute of limitations is three years from the date of the injury, but there are exceptions and variations based on the circumstances of the case.