Personal Injury: Proving Negligence
In the majority of personal injury cases, the issue of proving fault is dependent on a legal concept that is referred to as “negligence.” More specifically, you have to prove the four key elements of the negligence claim, which include:
- The duty of care
- The breach of duty
If you are facing a situation where you have suffered a personal injury, understanding what you have to do to prove negligence is essential. Learn more about this here.
The Duty of Care in Personal Injury Cases
This is an obligation that each person has to others to avoid causing an injury or placing anyone else in the path of danger. In the majority of situations, everyone has a certain level of duty of care to others. The questions that have to be considered are, who is the duty of care owed to, and how broad is it?
In some cases, determining duty of care is hard because there aren’t any laws that outline how someone should act. For example, retail establishments have a certain duty of care toward customer safety, but there aren’t specific guidelines on what must be done to satisfy this duty. As a result, if you are trying to prove the duty of care was breached, leading to your injury, it is best to contact an attorney for help.
Breach of Duty in Personal Injury Cases
If the duty of care was breached, resulting in your injury, then you have a situation of negligence. However, proving a breach occurred can be challenging. This is usually not an “all or nothing” situation, which is why it is so important to have an attorney to help with your case. They will be able to gather evidence and speak to witnesses to determine if there was a breach of duty that led to the personal injury.
Causation in a Personal Injury Case
After you are able to prove that there was a breach of the duty of care toward you and proved that the person is legally responsible for your injuries, you can’t stop there. There may be a situation where the accused individual claims they were not negligent or that the negligence was not the only cause of the accident you were involved in. This is when causation comes into play. This is another factor where your attorney will be invaluable, as they will work to uncover the actual cause of the accident, to prove the accused person was liable.
Damages in Personal Injury Cases
The damages recovered in personal injury cases refer to what you receive for the emotional and physical injuries, lost income and property damage that occurs because of an accident. When you are ready to negotiate a settlement for the damages that you have incurred, you need to ensure you speak with an attorney. They will help you determine a fair amount that will account for current and future expenses you will have related to the accident.
If you have suffered a personal injury that was the result of the negligence of another person, you have the burden to prove this if you want to recover compensation. A personal injury attorney can help. If you need legal services, contact our team of attorneys at Hardesty, Tyde, Green, Ashton & Clifton, P.A. by calling 904-414-4906.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)