How to Prove Negligence in Personal Injury Claim
If you developed injuries in a car accident, dog attack, or slip and fall accident, you might consider speaking to an auto accident attorney about your legal rights and options. If your personal injury claim is successful, you could recover compensation for your accident-related medical expenses, lost wages, loss of earning capacity, disability, and other damages. A successful personal injury claim must have certain elements present, including duty of care, breach of duty, and causation.
Proving a Duty of Care
This first element simply means that the defendant (the person you’re suing) owed a duty to exercise reasonable caution toward you, the plaintiff. Proving that a duty of care existed is often straightforward. In auto accident cases, for instance, every driver has a duty to exercise reasonable caution for the safety of everyone else on the roadways.
Proving Breach of Duty
Next, your personal injury attorney must prove that the defendant somehow breached this duty of care. For example, a driver may have gone through a stop sign without coming to a complete halt. It isn’t necessary for a defendant to break the law to breach a duty of care, however. Even if a driver was traveling at the speed limit, he or she might be considered to have breached a duty of care if the speed was dangerous for severe weather conditions.
It isn’t possible to sue someone simply for breaching a duty of care; your lawyer must also prove that this breach of duty directly caused your losses. For example, a restaurant owner who fails to set out “wet floor” signs may only be sued if this breach of duty directly caused you to slip and fall, and sustain injuries.
At Johnson Law Firm, PC, I am dedicated to helping you recover the funds you need to pay your medical bills and move forward from the accident. If you’ve been injured in a car crash or slip and fall accident in Woodbridge, VA, you need a personal injury attorney you can count on. Call (703) 670-0761 for a free consult with an auto accident attorney. I also offer services for Spanish-speaking individuals.