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Proving Negligence in a Personal Injury Claim

Proving Negligence in a Personal Injury Claim

If you have been injured in an accident due to someone else’s negligence, you can pursue compensation for your injuries. However, you must prove negligence on the part of the at-fault party. A personal injury attorney can prove negligence and help you make a successful claim.

The following are the four crucial elements required to prove negligence in a personal injury claim:

Duty of Care
In a personal injury claim, the defendant has a legal responsibility to ensure the safety and well-being of the plaintiff. For example, a motorist is obligated to drive safely and obey the state’s traffic laws. He or she should ensure the safety of others while sharing the roadway and avoid actions that may cause accidents.

Determining the duty of care is not always easy. An experienced personal injury attorney understands state laws and can determine liability.

Breach of Duty
After recognizing the duty of care, the next step is proving that the defendant breached his or her duty of care. A breach of duty occurs when a person fails to perform with reasonable care or to act in a manner which any other reasonable person would act under similar circumstances.

An experienced personal injury attorney is knowledgeable and can prove breach of duty by showing that a reasonable person in the defendant’s position at the time of the accident would have acted differently.

Causation
In some cases, the defendant may claim that even if he or she was negligent and breached their duty of care, the negligence did not cause or was not the sole cause of the accident. For example, you may be able to show that the defendant failed to signal before making a left turn. However, he or she may reply that after seeing the stop sign, the plaintiff should not have entered the intersection.

A personal injury attorney will gather evidence to prove that the negligent action of the defendant caused the accident and the injuries.

Damages
The fourth element required to prove negligence in a personal injury claim is that the damages the plaintiff incurred were the result of the defendant’s negligence. Damages include any medical expenses related to the accident, property damage and loss of income caused by the injury.

An experienced personal injury attorney can prove that the plaintiff incurred damages as a result of the accident. He or she can help the plaintiff receive fair compensation for the damages incurred.

If you or your loved one has been injured in an accident and need legal help, contact Ganim Injury Lawyers. Our personal injury attorneys have been protecting the rights of accident victims for over 30 years and we can help you too. Call us at 203-445-6542 or email george@ganiminjurylawyers.com.

 

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