Negligence is perhaps the key aspect of any personal injury
case, yet many people do not understand what this term means. The law defines
negligence as the failure to act with the same level of care that a reasonable
person would use under the same circumstances. If a person acts negligently and
causes another individual to sustain harm, the victim can seek compensation
under personal injury law.
In order to hold the acting individual (known as the
defendant) liable, the victim must be able to prove their negligence. There are
four main factors involved in negligence:
Duty of Care
Every person has a legal obligation towards all others and must act with a reasonable level of care to prevent harm to other people.
Every person has a legal obligation towards all others and must act with a reasonable level of care to prevent harm to other people.
Breach of Duty
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.
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.
Cause
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.
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.
Damages
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.
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?
If you believe that your case meets the above criteria, you
may be able to seek compensation through a personal injury claim or lawsuit. In
order to do so, your lawyer must be able to prove that:
- 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.
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