If you’ve been injured due to someone else’s negligence, you may wonder if you have a case. To help you understand the basics, we’ve compiled some information on negligence and how it is defined by the law. Keep reading to learn more about your legal rights and options after suffering an injury due to another person’s carelessness.
Basics of a Negligence Lawsuit
An experienced Negligence Lawyer at Rand Spear can guide you through the basics of a negligence lawsuit. Typically, these suits arise when someone alleges that another party was negligent in some way, resulting in harm or distress. This typically requires proving that the defendant had a duty to act reasonably and breached their duty, which resulted in damage to the claimant. For a negligence claim to be successful, there must be a direct link between the breach and the injury. Negligence Lawyers can guide whether such evidence is available and other aspects of the law necessary to succeed in your case.
What is a Breach of Duty?
A breach of duty occurs when someone fails to fulfill a legal obligation that is expected of them in regard to how they conduct themselves. This can result from negligence or willfully disregarding an agreement, promise, or contract. It is important to note that a breach of duty does not necessarily imply criminal guilt, but instead means civil liability for whatever the damages may be. If a breach of duty has taken place or is thought to have taken place, then one of our lawyers familiar with such matters should be consulted to discuss one’s rights and possible legal remedies.
What is Negligence in Torts?
Negligence in torts is when a person, who has a duty to act in a certain way or with reasonable care, fails to do so and causes harm or injury to someone else. This can include harm caused by activities, like operating a motor vehicle, or by failing to act when necessary. For negligence claims to be successful, the plaintiff must show that the defendant was aware of the potential danger involved and had an obligation either to avoid causing such a risk or protect against it via proper maintenance. If this burden of proof is met, then damages may be awarded. Negligence is one of the primary types of civil law which enables those suffering from unjust injury or loss due to another’s actions to seek compensation.
How to Prove Negligence For a Personal Injury Case
Proving negligence in a personal injury case can be complex and time-consuming, but it is possible with the proper evidence. Negligence is established if the harmed party, known as the plaintiff, can show that their injury or loss was caused by the actions of another party, referred to as the defendant. The plaintiff must prove that the defendant owed them a duty of care, breached this duty, caused injury or loss, and that damages resulted from this breach. Evidence such as eyewitness accounts, police reports, and medical records can prove causation. All of these elements must be present for negligence to be deemed present and must coincide with all applicable laws. An experienced attorney can help guide parties through these steps when preparing for a personal injury claim due to potential negligence.
What is a Duty of Care?
A duty of care is an obligation to act in a way that shows respect and due diligence towards those affected by one’s decisions or actions. It is a legal obligation according to the common law of torts that requires individuals, such as healthcare workers, business owners, and employees, to provide reasonable care or protection for others. This meaning extends beyond physical injury and into the harm caused by negligent behavior, such as a healthcare worker choosing not to follow protocol in providing care or an employer allowing dangerous working conditions. The duty of care sets expectations as to how parties are expected to act and interact with each other in different social transactions.
Filing a lawsuit for negligence can seem overwhelming and daunting, but help is available. Our experienced negligence lawyers at Rand Spear understand the legal process and have the knowledge you need to increase your chances of success. If you have been injured due to someone else’s negligence, contact a lawyer today. At Rand Spear The Accident Lawyer, their team is ready to answer any questions or concerns you may have. They will work with you to determine if you have grounds for a negligence claim and guide you throughout the entire legal process. Do not hesitate to pursue justice – call Rand Spear The Accident Lawyer now to start exploring your options for a lawsuit.