Why It Is Critical To Establish Fault In Personal Injury Cases?
When your personal injury lawyer advises you to file a claim for compensation, you should know that the chances of winning are high. The DLY Back Injury Lawyers, like any other personal injury lawyers, collect their fees only if they can recover the claim amount successfully. Immediately after the accident or fall that caused the injury, you must consult a personal injury lawyer to evaluate the prospects of filing a claim for compensation because all cases may not qualify for compensation. The moot point for claiming compensation is to prove that some other party was at fault for the accident or fall that caused the injuries and sufferings. Had the other party acted responsibly, the accident could be averted.
The concept of establishing negligence or fault
The purpose behind establishing negligence or faultis to prove that someone failed to take reasonable care in situations where it is expected that the person would encounter another person or property. Negligence implies that the person acted carelessly but not intentionally. To establish negligence, your lawyer will focus on the following elements.
Duty of care
At different times, every person owes a duty of care for other persons. For example,a driver owes a duty of care to all other persons he or she encounters on the road like pedestrians, other drivers, other road users, and property owners. They will drive cautiously to avoid harming any other person or property. Similarly, pedestrians owe a duty of care to bicyclists, other pedestrians, and any other person they encounter and should try to avoid collisions to keep them out of harm’s way. A shop owner must protect customersor any public by maintaining premises to keep itsafe.
Breaching the duty of care
When the defendant fails to take appropriate care to avoid injury to the plaintiff, it results in a breach of duty of care. For example, if there was no warning sign put up by a shop owner that the floor was wet after mopping the floor, it is a case of breach of duty to keep the premises free from hazards.
Injury resulting from the breach
It is common for people to breach their duties, but most of the time, it does not harm others. If you keep staring at your mobile phone and keep texting while walking down the sidewalk, you are breaching your duty towards other pedestrians because you are not alert and not looking at the direction in which you are moving. But unless you bump into others, there is no harm or injury caused. Only if your behavior causes injury to others, it amounts to fault or legal negligence.
The injury leads to financial losses
Bumping into another person and hurting that person or causing injury that required medical treatment demonstrates your failure to adhere to the duty of care that makes you liable to compensate the person for compensation for personal injury.
To claim compensation, you must prove the defendant’s negligence, or you do not have a case.