Proving One’s Negligence: Key in Winning Personal Injury Claims

Proving One’s Negligence: Key in Winning Personal Injury Claims
If you have been injured because of the negligence or irresponsible action of an individual, you can seek damages against that person by filing a personal injury law. In filing such complaint, the element of negligence is a very important factor as it is critical in proving a party’s liability in an accident. A Los Angeles personal injury lawyer says that for one person to win in his claim, he has to be able to prove, through pieces of evidence and testimonials, the defendant’s negligence.

What Exactly is General Negligence?

In personal injury claims, the term general negligence helps in describing a situation where an action of a particular party, or the lack of it, constituted a failure to properly or reasonably acting that caused harm to somebody else. As a rule of thumb, one can determine if a person is guilty of general negligence by asking: Would a reasonable person act the same way given certain circumstances? If the answer is no, then the person who have been injured because of such acts or inaction can then sue the former for general negligence. A personal injury claim can be filed if general negligence led to the following:

–          Dog bites

–          Drowning

–          Failure in security and supervisory functions

–          Motor vehicle accidents

–          Slip and fall

–          Boating accidents, and even

–          Medical malpractice

Should a person be a victim of the earlier-mentioned injuries, he or she can file a case in a civil court, where he or she can seek monetary compensation that will be needed to address, financial, and emotional injuries, as well as losses.

The Four Elements: Proving Negligence

Negligence is such a serious accusation against someone. In such case, one needs to be able to prove the other party’s negligence by establishing the following:

–          Duty. The defendant must have the duty to protect the victim. They must act in a certain way to help somebody else.

–          Breach. To be able to prove negligence, a victim must be able to prove that the defendant has failed in carrying out their duty to protect the victim.

–          Causation. Has the person’s actions or inaction has caused the injuries incurred by the victim?

–          Damage. Have the irresponsible action of the defendant has caused damage to property or injuries to the victim?

Proving negligence can be tough, but with the help of a good legal representative, one can better prepare, file, and defend a claim.

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