Three Things You Should Know About Winning a Negligence Case
What does a valid personal injury or car accident claim imply? When proving fault, negligence becomes the center of attention. The plaintiff's actions or inactions that caused injuries or damage are of essential importance. Negligence is best explained by illustrating its key elements.
The first relevant element is the existence of a legal duty of care.The basic rule is that everyone has to take reasonable care to avoid causing injury or damages to others.
In some situations, the defendant-plaintiff relationship creates a clear legal duty of care. For example, a doctor owes a patient medical care or a pre-school commits to take care of its students.
In other cases, the duty of care is that imposed by specific situations. For example, an automobile driver has to always operate with reasonable care. Another example, business owners have to keep their premises free from accident risks.
The next key element is establishing if and how the defendants breached their duty of care.For example, what happens in an automobile accident case? The plaintiffs, through their attorneys, will show what traffic laws the defendants violated. They will prove that an average person involved in a driving activity, would have known that another can be injured by their actions.
Another requirement is the existence of causation between the plaintiff's actions or inactions and tIn the car accident example, this will be proved by using police reports, eyewitnesses' testimonies, and evidence from the accident scene.
If you have been the victim of an accident or of negligent care, you should contact a seasoned attorney. Your case will benefit from a thorough review. In this way, it can be determined if your case is actionable.