To prove negligence in a personal injury claim, it would help a great deal if the victim understands what negligence means in law and the separate steps that must be taken to prove it.
For you or anybody to win a personal injury claim you will need to prove four key aspects of negligence in the party that you are suing. These four elements are duty of care responsibility in the accused, violation of that duty of care, how they caused it to happen and damages.
It is important to note that in many legal discussions injured parties tend to have with insurance companies these specifics will usually not come up. The negotiation will in most cases hinge on how much you should be paid in damages.
And even if one of these aspects of proving your case arises, your discussion will almost certainly be free of this legal jargon and talk will be about whose fault it was. This does not mean that knowledge on the legal technicalities and the steps required to prove negligence are not worth being aware of. Actually it will always be pretty useful to understand the legal small print here because it will be invaluable in helping any personal accident victim stress various aspects of their accident.
It will also play a major role in enabling the personal accident claimant give the right solid reasons why they need to be paid based on the law. There is no doubt that this will always give any injured party an edge over somebody who is completely ignorant of it and will ultimately enable them get a higher settlement.
Duty Of Care Responsibility In The Accused
Everyone is legally obligated to do their best to avoid causing injury to another. This is what is known as “duty of care” . And so the issue is always how far that responsibility goes.
Also in some cases the law many not be specific enough and will use the word “reasonable” to describe the extent of the responsibility. And thus in many cases the argument between the parties which ultimately has to be decided on by the court is how reasonable the care was and whether it met the expected standards.
Violation Of That Duty Of Care
Once the duty of care has been established the next question is whether the person responsible breached it or adhered to it to the best of their ability under the circumstances that prevailed at the time of the accident.
In some cases this is clear cut and easy to prove. Say in the event of a road accident that happened when the accused was driving at a speed higher than the legal limit. This is something that could easily be ascertained by witnesses. Or if the car jumped traffic lights on its’ way to causing the accident then guilt is uncomplicated to prove.
However things are NOT always this obvious and in many personal accident cases it becomes very difficult to prove. The driver in the example above may have been observing the speed limit but the defense case may be of the view that under the circumstances the driver was still going too fast so as to be viewed as one who does not really care for the safety of others. However carelessness in this kind of situation may be a tall order to prove.
How They Caused It To Happen
The defense team could claim that although their breach of legal responsibility has been proved, the other party was also partly responsible. This could be due to the fact that they too were negligent and their action or lack of it partly caused the accident. This will have an impact on the damages awarded.
The injuries sustained (both emotional and physical) as well as damage to property and loss of income as a result of the accident all fall under damages in legal jargon. How much the victim should be paid for this will be the point of heated arguments between the opposing sides. The defense team will naturally want to keep the compensation as low as possible while the injured party will be pushing for the amount to be as high as possible.
Hiring A Personal Injury Lawyer
There are a variety of options that you can use to claim compensation for damages caused in a personal injury claim. Am experienced personal injury lawyer knows the best option to use so that you can get the compensation that you deserve.
To hire an experienced lawyer in Cape Cod, Massachusetts or Rhode Island, simply contact us at (800)200-7752 or fill out our contact form for a free initial consultation.