Table Of Contents
Understanding Negligence to Learn More About Your Personal Injury Case
Did you know that unintentional injuries are the 4th most common cause of death in the US? In addition, more than 2 million people visit the emergency room as a result of unintentional injuries.
Why do these unintentional injuries happen? Negligence.
Negligence refers to a person?s failure to exercise reasonable care that a sensible person would have exercised. It is important to know that victims of negligence can take action by filing personal injury claims with the help of a lawyer.
How Negligence Leads to Accidents?
You may think that just a failure to exercise caution will not lead to an accident, but it definitely can.
Here?s an example: Let?s say Arthur is out having fun in a bar. He has a bit too much to drink. Now, a reasonable person would just call an Uber and go to their home. But Arthur decides to drive.
He thinks he is capable of driving. Spoiler alert: he was not capable of driving. He T-bones another car and injures the driver, Victor.
In this case, Arthur?s negligence is the sole reason for the accident, and he is liable for damages incurred by the victim.
Elements of Personal Injury Law
Let?s continue with the example. Now, Victor wants to file a personal injury claim.
What does he need to prove?
Victor must prove the elements of a personal injury claim. The following are the four elements of personal injury law:
- Duty of care
- Breach of duty of care
- Causation
- Damages
Duty of Care
Duty of care is the first of four elements of personal injury law. It states that the person who caused the accident must have owed a duty of care to the victim.
So, in this case, Arthur must have owed a duty of care to Victor. It should be noted that all drivers owe a duty of care to other drivers. So Victor can prove this element without any hassle.
Few examples
- If the case is about slips and falls, a business or property owner has a few legal obligations to keep their premises free of certain known hazards. They have to act within a reasonable time to find that out and resolve other dangers.
- In case of medical malpractices, a medical professional or a doctor has to provide treatment that is within the line of ?medical standard or care,? which medical witnesses often establish.
- If the case is about defective products, the distributors or manufacturers, as well as the sellers of that consumer product, have a legal duty to sell and produce products that are free of any unexpected dangers.
Breach of Duty of Care
Next up, Victor must prove that Arthur breached the duty of care he owed. This may require some effort to prove.
Victor must provide proper evidence to prove that Arthur breached the duty of care. In this case, Arthur was driving under the influence of alcohol. So Victor must prove that Arthur was drunk.
Collecting evidence is not as easy as one might think. A lawyer?s help is necessary in collecting evidence.
You can establish the fault by the following things: (Think of a car accident where there were two parties and where the injured party was also at fault, but partially.)
- You can show that the defendant also violated the traffic law. Try to find that out; maybe one of the police officers has some kind of evidence with him.
- Try to get the testimony from any eyewitness of the accident.
- Get the testimony of the plaintiff, and let them speak what they think actually happened. A lot of information can actually get out like that.
- Examine the evidence at the scene of the accident; do not forget to check the damaged vehicle.
In certain cases, it is actually the plaintiff’s own behavior that played a vital role in causing him or her the injuries. For instance, let’s believe that the defendant actually took an abrupt turn and landed in front of the plaintiff?s car, but if the plaintiff was also driving a few miles an hour above the speed limit.
The jury or the insurance adjuster might consider that and decide that it was his or her own negligence, or at least a factor, that caused the accident.
Causation
Causation is the third element that personal injury law has. In this case, the victim has to prove that the party who is at fault for breach of duty of care is the direct cause of the accident.
It is totally possible that Arthur is not responsible for the accident, even though he was drunk. A third party could have been the reason for the accident. So Victor must prove that Arthur is the sole reason for the accident.
Witness statements can help to a great extent in proving causation.
Damages
The final element of personal injury law is damages. For a person to be eligible to file a personal injury claim, the accident must have caused damage to the victim.
Victor must have suffered damages in order to be eligible to file a case. The damage could be to his body, his car, or his mental health.
Why the Victim Must Prove the Elements of Personal Injury Law
In any personal injury case, victims have to bear the burden of proof. The person who bears the burden of proof has the responsibility to prove their case. They must collect and provide evidence to prove the elements of personal injury law.
Comparative Vs. Contributory Negligence
Contributory negligence is something that means that the party who is hurt cannot recover any damages if and when they are found at fault, even partially, for the loss or damage.
For instance, if a person turned left at a signal but did not put their left indicator on and was hit by another person who was speeding, he or she cannot claim anything for the damage that has been caused, as they were also partially at fault. Both parties did their part and did not act reasonably, and thus, both parties are at fault under these circumstances.
Comparative fault is something where the injured party is again at fault, but partially, they can still recover damages for their loss or injuries. But in these cases, the amount is reduced by a proportion.
If the case is about comparative negligence, and the court finds them at least at fault by 30% for their injuries, then the amount for the damage or loss caused is also reduced by 30%.
So, it is important to know if the other party is also at fault partially. That does not make the defendant any less guilty, but it helps in the settlement of the case.
Final Thoughts
If you are the Victor in your story, know that help is available. Personal injury lawyers are just a phone call away. Get their help. They can prove elements of personal injury law and get you the deserved compensation.
