In a personal injury case, the person who has suffered an injury relies on the legal idea of negligence to determine another person’s fault for the accident.

What is negligence?  Negligence is a failure to take care to avoid causing injury or loss to another person.  There are four steps involved in proving negligence.  The person who was injured must prove:

  • That there is duty to protect individuals.
  • That the inaction did not match the same actions of a reasonable person.
  • That the victim suffered injuries or loss which a reasonable person would have expected.
  • That the damage was caused by a failure in duty to the victim.

The standard of care for a doctor is that expected of a competent practitioner of his or her specialty in medicine.  The actions of the doctor will be compared with the standard.  The court will always set the standard, not anyone from the profession.

What do the key elements mean in the sense of a personal injury claim or a personal injury lawsuit?

The duty of care in a personal injury lawsuit:

For the victim in a personal injury case, demonstrating a failure to provide proper care requires showing that the defendant failed to give proper thought and planning to your safety under the circumstances.  What is the right standard of care in any situation?  In a car accident, a driver has a legal duty to operate the car with reasonable care at all times, and this means conditions and weather must be considered.

Establishing fault:

After the duty of care has been established, the victim must work with his or her attorney to establish how the defendant failed to properly look after the care of the victim.  What made the actions unreasonable under these circumstances?

In the case of a car accident, fault can be determine for the court by:

  • Showing that the defendant ignored traffic laws.
  • By the testimony of a direct witness to the events.
  • By the victim’s own testimony as to what happened.
  • By the examination of evidence from and at the accident scene.

The final step in establishing negligence is to illustrate that the plaintiff was harmed by the defendant’s actions.  This can be accomplished through the introduction of medical records, proof of missed work and daily written proof of physical and mental pain.

When you bring a personal injury claim against someone who has caused you harm, you will have to prove that you have a right to recover financial compensation for your injuries.  It can be easy, though cases often to find their way to court.  At Hunter Law, P.A. we navigate through the murky issues, allowing you the time required to concentrate on recovery.