Proving Negligence in a Personal Injury Claim
- March 7, 2018
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In a personal injury claim, the issue of fault is based on a legal concept known as “negligence”. The plaintiff must prove the defendant’s negligence to receive compensation for the damages incurred. Proof of negligence hinges on the following four key elements:
- Duty of Care
- Breach of Duty
Every person has a duty of care toward others. This duty of care makes a person obligated to avoid injuring someone else. For example, a doctor owes a patient a legal duty to provide his or her patients with competent medical care. Similarly, a driver is expected to drive safely to avoid hurting others. To prove negligence in a personal injury claim, you must prove that the defendant owed the plaintiff a legal duty of care.
The second element must prove that the defendant breached his or her duty by doing or not doing something that a “reasonably prudent person” would have done under similar circumstances. The defendant will be found negligent if he or she knew, or would have known, that someone might have been injured as a result of their actions and would have done something to avoid the accident.
The third element the plaintiff must prove is that the defendant’s negligence actually caused his or her injury or loss.
Damages in personal injury claims are the physical and emotional injuries, property damage and lost income the plaintiff suffered as a result of the accident.
Do You Need Help Proving Fault? Contact Us.
The personal injury attorneys at Rockland Injury Lawyers have over 50 years of experience in handling personal injury claims. Our lawyers are highly skilled and very knowledgeable. We do our best to get you or your loved one what he or she deserves as quickly and efficiently as possible. Call 845-709-8005 or 800-940-1799 for a free consultation with Rockland Injury Lawyers.