If you are going to win a personal injury claim, you must be able to prove that a person or entity was negligent. This can be complicated but in the end there are just three factors involved. Read on to learn what those factors are and then contact The Law Offices of Larry H. Parker at 800-333-0000 if you believe you have grounds for a lawsuit and want legal assistance.
- Duty of Care
- The At-Fault Party Was Negligent
- You Were Injured as a Result of the Negligence
First, you will need to prove duty of care. In some cases, this duty is created by law. For example, teachers and daycare workers have a duty to look after kids. A driver has a duty to obey traffic laws and if they don’t, they can be sued for the consequences. Those are cut and dry examples, but others are more complex. For example, if you are injured while trespassing on someone’s property, do they owe you a duty of care? Probably not.
Who owes you a duty of care and who does not will depend on the specifics of a given situation. Your personal injury attorney can help establish and prove that the at-fault party had a duty of care in your case.
The legal definition of negligence is not using reasonable care to prevent someone from harming themselves or others. A person can be considered negligent if it is found that they did something that a “reasonably careful” person would not have done in the same situation, or if they fail to do something that the same person would have done in a situation.
For example, if a person drivers drunk and causes a car accident, this is very cut and dry negligence. They took an action that they knew could potentially hurt or kill themselves or others and did it anyway.
Once you have proven that they owed you a duty of care and that they were negligent in that care, you must prove that you were injured as a result of that negligence and that the injury resulted in damages. Those could be financial damages, such as medical bills and lost earnings, or noneconomic damages such as pain and suffering.
If you cannot prove all three of these elements then you have not successfully proven your case. However, just because you personally do not have the evidence does not mean that you are out of options. At The Law Offices of Larry H. Parker we can talk to accident reconstruction specialists, medical professionals, and eyewitnesses to get the proof we need. Your next step should be to call us at 800-333-0000 for a free legal consultation.