Most people think that if they’ve been in an accident, they’re entitled to reimbursement for the damages and injuries. That’s not the case!
You’ll have to prove negligence in a personal injury claim, but what is negligence, and how do you prove it? You’ll learn all about it in this guide.
Proving Negligence: What is It?
Negligence refers to a fault. In other words, if an individual owes you a standard of care but fails to meet that standard, causing an injury, it means they were negligent. That’s the whole point of the law of negligence.
But proving negligence isn’t a piece of cake. You need evidence and information and other factors to prove negligence in a personal injury claim.
Consider These Elements to Prove Fault
The law requires you to gather certain facts related to personal injury cases if you want to prove negligence. Here are four of these legal elements:
Duty of Care
You must prove that the at-fault party or defendant had a responsibility of care and to not hurt you by following the standard of care under the law.
Breach of Care
Once you prove their duty, you must prove that the at-fault party failed to meet the reasonable standard of care. This means they breached their responsibility.
Relation with Injury
You must also prove that the lack of care at the defendant’s party has caused the injuries. It can be easy in some cases, such as a car accident where a driver crashes their vehicle into you, leading to a neck fracture. The connection is clear between your injury and their conduction.
However, proving causation can be difficult in other cases because the link isn’t clear and direct.
Damages and Injuries
The point of filing a personal injury claim is to get reimbursed for your losses. You can’t prove a negligence claim if there are no losses. Losses can be lost wages, medical expenses, property damages, and emotional distress. You can’t claim damages in the absence of losses.
How Can You Decide the At-Fault Party Had A Responsibility of Care?
In some cases, you’ll have a contractual agreement with a party. This contractual relationship creates responsibility for care. For instance, your car mechanic has the duty of care to perform the required repairs for your car. They must follow reasonable care for maintenance. Failure to do so can result in an accident, in which case the car mechanic will be held responsible.
In other cases, the duty creates from physical proximity. For instance, drivers must follow traffic and road rules to ensure reasonable care. If they fail to use reasonable care while driving, it can lead to accidents and injuries. They’ll be accountable for the losses.
Similarly, businesses are responsible to ensure reasonable care for customers and employees in their facilities. They must maintain their premises to prevent any harm to employees and customers.
Need Legal Assistance in Proving Negligence?
Our personal injury attorneys can help. At Bourassa Law Group, we specialize in personal injury cases, including car accidents, wrongful death, and slip and fall accidents, to name a few. Get in touch with us today!
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