Accidents occur on a daily basis. For individuals who experience injury due to another’s negligence in a traffic accident, it may be possible to successfully argue a personal injury claim.
Being able to prove negligence is an essential part of the process. There are a few things to keep in mind to establish negligence in a traffic accident case.
Definition
By definition, negligence is the failure to uphold an expected level of care for a situation. As a member of society, there is a certain level of care individuals should exercise in a situation to ensure the safety of themselves and those around them. When individuals do not maintain that level of care, they potentially put others in harm’s way. Most of the time, the individual is doing something; however, in some cases, negligence may result from an omission of words or actions.
Elements
When proving negligence in a personal injury case, a claimant must make certain assertions. They may be thought of as four factors:
- The accused party owes a duty of care
- The accused did not uphold the duty
- The harm to the claimant was due to the lack of duty
- The harm resulted in damages for the claimant
With the proper evidence and possibly witness testimony, individuals are able to create solid cases. A knowledgeable attorney may be helpful in building and presenting such arguments.
Damages
By law, there are different types of damages individuals may claim in relation to an injury. The severity of the incident helps determine what types of damages individuals may claim. It may be beneficial for individuals to review the law to determine which damages best fit their case.
These are a few key elements that help to build a strong argument for negligence. If you or a loved one seek to prove a personal injury case, take your time to fully understand the process so that you may execute it properly.
