A personal
injury case is generally based on a committed act of negligence and the aim is
to prove who the at-fault or negligent party is and determine compensation. In
legal terms, negligence refers to the failure of a person to behave based on reasonable
standards to protect another person from harm or risks of harm.
Take note that
while most personal injury claims are accidents, not all accidents are
considered personal
injuries. There are four essential elements of negligence that must be
identified before filing an incident as personal injury to court. Having
sufficient evidence of a negligent act will increase your chances of obtaining
the relief that you deserve.
Elements of Negligence
It is given
that individuals have a legal duty to act with reasonable care toward one
another. This “duty of care” element
is an inherent rule in many circumstances, such as how drivers should be
responsible for operating their cars properly and the
obligation of doctors to treat patients the right way.
Once reasonable
duty has been identified, your attorney has to prove that the responsible party
breached it. Breach of duty
typically describes how the person failed to behave as his or her legal
obligation towards you dictates.
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