The idea of fault is extremely important in personal injury cases if you want to win a settlement. However, legally speaking, the term “negligence” is important for more specific reasons. Let’s take a look at how we can show proof of negligence of the at-fault party and uncover the underlying reasons for the accident and resulting injuries.
These cases require proof of negligence, but how do we go about gathering this? Read on to find out more about how lawyers prove it and some examples of cases that necessitate it.
If the cause of your personal injury case is obvious, there will be no need to discuss negligence, but if the cause is not clear, the term will come into play, and establishing the burden of proof will be the next task at hand.
You and your attorney will need this to move on to a settlement, but you probably won’t be talking about it using the legal terms in this article.
2. Duty of Care
Duty of care means the obligation to help prevent the injury of another person. If someone placed you in harm’s way, they neglected their duty of care. Every person carries this in some capacity or amount.
Legally, this is a slippery subject (no pun intended) due to its lack of clear codes, but legal cases involving negligence do involve 2 main questions:
- To whom is it owed?
- How broad is it?
One example would be working in a grocery store. There are no clear codes for duty of care, but they should take “reasonable” measures to prevent customer and employee injury. There are no real cut-and-dry rules on how often they should check for spills or how high a heavy product can be on a shelf, so proving negligence in court will involve an argument.
3. Breach of Duty or Careless Action
In negligence cases, if your case does involve the duty of care, the next step is to determine whether or not the person followed through with it properly. If they did not, it means that their action (or inaction) was careless, or “negligent”. This is true if the grocery store owner created a dangerous situation for you beyond the normal risk that comes with the job.
Let’s say that someone broke a traffic law and caused you physical harm. You have hired Sweet Lawyers, so it is easy to establish that person’s legal responsibility for the injuries that resulted. However, the other person might claim that negligence wasn’t the cause (or sole cause) of the injuries.
You’ll need an experienced lawyer when proving negligence in court.
Proof of Negligence Is a Balancing Act
When you have a good lawyer, they’ll know how to leverage proof of negligence to your benefit. There are more terms and ideas at their disposal to determine a cause. But consider, in jest, the “burden of risk” you assumed when you decided to kick a shelf causing a giant jar of mayo to hit your head, break, and spill, causing you to slide down the aisle into a wine display.
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