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Proving negligence is a big part of personal injury claims

On Behalf of | Apr 29, 2022 | Personal Injury

Before you can hold someone legally responsible for your injuries, you must prove that their negligence caused them. What does being negligent entail?

Negligence is all about being careless and acting or failing to act in a way a reasonable person would have acted in similar circumstances. For instance, a drunk driver who causes an accident is negligent because drivers are not supposed to be under the influence whenever they are behind the wheel.

Duty of care is crucial in proving negligence

The negligent party must have owed you a duty of care for there to be negligence. In the example above, all drivers owe each other and other motorists a duty of care.

Other scenarios may give rise to a duty of care, depending on the relationship with the other party. For example, you cannot claim that a homeowner owes you a duty of care if you were trespassing. However, they may owe you such a duty if they invited you to their home. Doctors also owe their patients a duty of care.

You must show the damages you suffered from the negligence

Your personal injury claim will only stand if you suffered harm from the other party’s negligence. It could be medical bills, pain and suffering or any other damages. If they were negligent, but you were unaffected by it, you cannot seek compensation.

Protecting your claim

If you suffer injuries because the other party was negligent, you can get compensation for your injuries. However, you need to prove the crucial elements of your personal injury claim. For a successful outcome, you should ensure that you handle things right and avoid errors that could hurt your chances of getting the compensation you deserve.