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Life-Changing Injury: How to Prove Negligence in a Personal Injury Case



Life-Changing Injury: How to Prove Negligence in a Personal Injury Case

Jacob Braude posted Monday, December 17, 2018 in Personal Injury

Life-Changing Injury: How to Prove Negligence in Personal Injury Cases

If you’ve sustained a life-changing injury and want to make a claim, you’ll have to prove it was caused by negligence. Here’s how to prove negligence to win…

1 in five adults have stated that they were injured in a workplace environment. However, most of these workplaces are never held accountable for these injuries, as many employers are unaware as to how to prove negligence.

Read on to learn more about what constitutes as negligence, and how to prove it.

What Is Negligence?

First, it’s important to know what the law defines as negligence to know if that’s what truly occurred. Negligence is when a party fails to take reasonable care in a situation where their property is expected to come into contact with another person or property.

This extends to a number of circumstances, from car accidents to food and beverage incidents. The primary factor that must be present is that action was not properly completed to ensure the safety of others. In the event that the individual does not take the necessary care responsibilities, they could be at risk for a negligence claim.

What Isn’t Negligence?

Often, negligence is confused for a number of instances that do not meet the legal definition. These claims fall better under the broader definition of a liability than under negligence. For example, if a food or beverage hits the market without being checked first for safety, it is considered a liability rather than negligence.

The difference being that the necessary action was skipped altogether, rather than improperly assessed or completed. Negligence acknowledges that the attempt was made, while it was unsuccessful or not fully completed.

The 4 Elements of Negligence

In order for a claim to be classified as negligence, it must fall under the 4 elements of negligence. These elements have been defined by the law and include the following:

  • Existing Duty of Care: In order to prove that negligence occurred, a duty of care must first be established. This could include routine maintenance checks on a car, regular health inspections, or safety checks.
  • A Provable Breach in Duty of Care: it must then be proven that some aspect of the duty of care did not occur or was conducted improperly.
  • Breached Duty is the Proximate Cause of Injury or Damage: It must also be proven that the Injury was a direct result of this breach, and not a result of any other action.
  • The Resulting Injury Led to Monetary Loss: Finally, it must be demonstrated that this injury results to some kind of monetary loss for the injured party.

How to Prove Negligence

In addition to complying with the four elements of negligence, there are additional measures that may be taken to prove fault.
These methods may include establishing intentional conduct, showing the claim is subject to the “strict liability” of proof or proving negligence per se.

It’s important to know that intentional conduct assumes that the conduct happened voluntarily and that the outcome was the desired consequence. Negligence per se may also apply to an existing law or circumstance that applies to almost all similar situations. While strict liability assumes the accused was aware of the risk and potential consequences.

Knowing if You Can Make a Claim

Now that you have a better idea of what constitutes negligence, you can determine whether or not you are able to make a claim.

It’s important to remember that in order to make such a claim you will be required to prove that your injury or illness came as a direct result of the negligence of another. This means evidence will need to be provided.

If you do choose to make a claim, the help of a facilitator can be used to help you compile such evidence.

When to Make a Claim

While it may be tempting to want to first gather evidence, it’s important to make your claim as soon as you are able too. Since most negligence cases are a result of an accident, evidence will need to be gathered promptly from the scene of the accident and assessed to determine who is responsible.

You’ll want to take note of any address, names, or witnesses that were present for the accident as it will all be important information that will be viewed as evidence.

Accidents that Happen at the Workplace

Workplace accidents could be the result of a number of factors that could easily be assumed as negligence. This can include inadequate training, poor safety equipment, or faulty machinery.

The conditions of your workplace and the presence of harmful substances such as latex or asbestos can also lead to serious illness and may be considered negligence if you were never informed of the risks.

Who Makes the Liability Determination

Who makes final liability determination will vary from case to case, depending on how the parties decide to go about settling and how severe the case is. In some cases, the liability claim may be handled by liability insurance carried by the accused party. This may result in the insurance company carrying out their own investigation of the accident.

In other cases, the two parties may agree to sit down and come to a liability agreement. If neither circumstances can take place, the claim will likely be moved to court where a civil court jury will make the final determination.

Defense in Personal Injury Claims

If you are the one being accused of negligence, there are also measures you can take to defend yourself. Some of the most common defenses are as follows:

  • Comparative Fault
  • Assumption of Risk
  • Respondent Superior
  • Trespasser Defense
  • Firefighter Rule

If choosing to fight the claim and use a legal defense, hiring a lawyer that’s familiar with such cases may be advised.

Getting the Justice You Deserve

Knowing how to prove negligence could save you from facing massive debt and towering medical bills by holding the responsible party accountable. However, such claims require adequate evidence. To ensure that you find the justice you deserve, working with a qualified lawyer is a wise route to take.

If you are suffering from an injury that you believe came as a result of another parties negligence we suggest speaking with one of our lawyers today to ensure they are held accountable

CALL  888-888-6470 OR CONTACT US ONLINE TO GET STARTED.