No two personal injury cases are identical. There are, however, some legal principles that apply to all cases- and one of these is negligence.
Negligence is arguably the most important aspect of any personal injury claim. For the defendant to be held liable, they must have acted negligently. How is negligence established in personal injury cases?
The duty of care is the first step
Whether or not a duty of care was owed depends on the circumstances of the case. In car accident cases, this is usually quite easy to establish. All road users owe one another a duty of care. This means that they must act prudently and not behave in a manner that puts others at risk
Was that duty breached?
Not all accidents are preventable. Sometimes, things just go wrong and no one is to blame. However, if a driver acted in a way that no other reasonable driver would have, they have breached their duty of care. Examples of this may include things like speeding, drinking and driving and texting while driving.
Was the plaintiff injured by the breach?
For a personal injury claim to stand, the plaintiff must have been injured directly by the actions of the defendant. The injuries must be measurable. These are usually shown by doctor’s reports and other forms of medical evidence. Damages may also include property damage, lost wages and loss of enjoyment in life.
If you have been injured by someone else’s negligence, personal injury compensation may be an option. This can help cover your medical expenses and other accident-related costs. Seeking legal guidance will give you a higher chance of success in your claim.
