One way this can be accomplished is by proving the existence of negligence.
Below is how negligence can be proven in a personal injury case.
Negligence in a Nutshell
Negligence can sometimes be a concept that is hard for some people to grasp. To simplify it, you can think of negligence as the failure to exercise the appropriate level of care in a situation to protect others.
This standard must be what a reasonable person would be expected to do in a similar situation. This legal concept can be thought of as the minimum ethical standard people are expected to live up to in our society to protect other people from harm.
Hiring the Right Attorney
If you wish to pursue a personal injury lawsuit, you should hire the right attorney. Don’t hire a lawyer with a general practice.
Instead, you should hire a specialist with a long track record of winning cases and sizable settlements in personal injury cases.
Proving negligence in such cases is not always easy. It takes years of study and direct experience to be able to prove negligence in front of a jury competently. Hire a personal injury lawyer with that kind of record.
The Elements of Negligence
Negligence can be thought of as being composed of multiple different elements. These elements must be proven to exist in a case for a jury to be convinced that negligence did in fact take place.
These elements include a duty of care, a breach of that duty, direct causation, and the existence of damages. Without all four of these, a personal injury case may fall apart under scrutiny.
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A duty of care may sound like a vague concept, however, it can be easily proven through the reasonable person standard. For example, it is quite logical that a truck driver has a duty of care to drive safely to protect pedestrians.
The same can be said for a store owner in regard to making a store safe for customers and other such cases. A breach in this duty must then be shown.
Lastly, there must be actual damages that were caused by the breach. Without direct causation or any tangible damages, there will be no case to make for compensation.
While proving negligence in a personal injury case will not be easy, it can be done with the assistance of a talented lawyer. This will include proving that the elements of negligence existed when the party that harmed you acted or failed to act.
If this can be done, you can certainly obtain compensation through a settlement or jury award.
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