The ability to prove negligence is essential in personal injury cases. The injured party can seek compensation when someone’s negligent acts or omissions cause harm to them. This article will explain negligence and its application to personal injury claims. We will examine the four elements of negligence – duty, breach, cause, and damages – as well as provide examples that help readers to understand how negligence can be established in their own cases.
Duty to Care:
The concept of duty-of-care in a personal injury claim refers to a person’s legal obligation to act responsibly and to avoid harming others. The duty of care can be triggered in a variety of situations. For example, the duty a driver has to drive safely, or that a property owner has to maintain a safe environment, or even a medical professional’s responsibility to provide competent treatment. In order to establish duty of care, the defendant must demonstrate that he or she had a duty to act reasonably under the circumstances.
For example: All drivers are responsible for following traffic laws and driving at safe speeds. They must also maintain control over their vehicles.
Breach Of Duty:
The plaintiff must then show that, once the duty of care has been established, the defendant failed to uphold the standard of care expected. When the defendant’s actions and omissions are below what an ordinary person would do in a similar circumstance, it is a breach of duty. The defendant must be shown to have acted in a negligent or unreasonable manner.
For example: If someone slips and fall because a property owner failed to repair a known dangerous condition, like a broken stairway, then the owner could be considered as having breached his duty of care.
Causation:
The causal element is crucial to negligence. Plaintiff must prove a direct connection between the defendant’s failure to perform his duty and the injury sustained. Causation can be proved in two ways: the actual cause (cause-in-fact) and the proximate (legal) cause. Actual cause is proving that the defendant was directly responsible for the injury. Proximate causes involve proving that the injuries are a predictable consequence of the defendant’s breach of duty.
For example: A driver who runs a red signal and crashes into another vehicle injures the passengers, then the breach of duty of the driver is responsible for the injuries.
Damages:
In order to pursue a claim for personal injury, the plaintiff has to prove that they have suffered damages due the defendant’s negligence. Damages include emotional distress, physical injuries, medical costs, lost wages and other losses. Evidence of the impact and extent of damages is crucial.
For example: If someone slips in a supermarket due to an unmarked wet floor, resulting in fractured wrists, damages include medical costs, pain and discomfort, and lost wages while recovering.
In personal injury cases, proving negligence is crucial. Plaintiffs can strengthen claims by establishing four elements of negligence: duty of care, breach, causation and damages. Each case is different, so it is important to seek the advice of a personal injury lawyer who has experience. They will evaluate your specific case, gather evidence and present your claim effectively to seek compensation for injuries and losses that were caused by the negligence of another party.
Experience is important when choosing an attorney. Preston Rezaee Esq will provide you with aggressive, competent and personalized legal representation. The Firm. The outcome of your case and the amount you receive will be affected by the firm you choose to represent you. We at The Firm strive to differentiate ourselves from other commercialized law offices that handle hundreds of cases each month. We have built personal relationships with medical professionals in Clark County for cases related to personal injuries to ensure our clients receive not only the best legal representation but also the best possible medical treatment. Call us at 702-222 FIRM (3476 ). if you have been injured in Southern Nevada.
This is not legal advice. This is not intended as legal advice. The reader is encouraged to seek independent legal counsel.
The post Understanding the Key Element of a Personal Injury Case with Preston Rezaee Esq. first appeared on Vegas Legal Magazine.