Every person has a legal obligation towards all others and must act with a reasonable level of care to prevent harm to other people.
If a reasonable person would have foreseen that the actions taken by the defendant would likely cause injury or harm to others, the defendant has failed to exercise their duty of care.
In order to seek compensation, the victim must be able to prove that the accident and the injuries they sustained were caused by the defendant’s breach of duty. It can be difficult to prove a defendant’s negligence if multiple factors were involved in the accident.
The victim’s lawyer must assess their losses, including the costs of treating any injuries sustained, property damage, and missed wages, and determine the monetary value.
Can I file a personal injury claim?
- The defendant owed a duty of care to the general public or to you in particular.
- The defendant violated their duty of care in one or more ways.
- You sustained injuries.
- Your injuries were the direct result of the defendant’s violation of their duty of care.