How Victim of Personal Injury Can Prove Negligence

Injury Lawyer Personal Injury Faq's

Someone that got injured during an accident has a right to wonder if someone else could have been careless and neglectful. Someone that has been negligent can be held responsible for a personal injury that results from such an accident. Yet that charge would not be upheld by a court, unless the injured victim could produce evidence of all four elements of a negligence-based liability claim.

The first element addresses issues that relate to duty of care

Every person owes a certain level of caring to others. The law refers to that as duty of care. In any profession, the professional’s duty of care must reach a higher level, whenever he or she deals with customers or clients. That does not mean that non-professionals have no reason for striving to demonstrate an acceptable duty of care. Each of them must refrain from being careless and neglectful in any situation. No one is perfect, but each person can work to pay close attention to the needs of others.

The second element concerns proof that the defendant breached his or her duty of care

No one person has the right to order someone around, in hopes of enjoying a generous amount of caring attention. No individual has the right to force some man or woman into a slave-like role. Yet each person becomes legally responsible for harm that might come to someone else, due to introduction of a breach in a recognized level of responsibility.

The presence or absence of this second element gets examined by the court. If the court finds that a defendant has breached his or her duty of care, the plaintiff moves a step closer to proving negligence on the defendant’s part. Yet not all the proofs of negligence have been presented at that point.

The third element takes into consideration the exact cause of the victim’s injuries

It may be easy for a plaintiff to show that he or she got injured during the course of an accident. Yet the court asks for evidence that links the victim’s injury to an action carried out by the defendant. In the absence of such evidence, the plaintiff stands little chance for winning his or her case.

The last of the four elements gets satisfied by a study of the damages inflicted on the victim.

How severely was the victim harmed (damaged) by the accident-caused injury? To what extent was any of the victim’s personal property damaged? Those questions must be answered, so that the court can determine how much money ought to be awarded as compensation for damages. Naturally, those questions do not get asked, unless the plaintiff’s personal injury lawyer in Oakville has proven the existence of the other 3 necessary elements.

2,049 thoughts to “How Victim of Personal Injury Can Prove Negligence”

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