Your personal injury lawyer understands this concept, but you need to as well because it plays a large role in determining if you will receive a settlement and its amount. You are eligible for and entitled to a settlement if you were involved in a personal injury accident. It doesn’t matter if it was a slip and fall accident in a store or a car accident. However, you will not receive a dime of money if you can’t prove that the defendant was negligent.
The fundamental concepts of negligence
Everyone is legally required to exercise duty and standard of care towards the general public when acting in public. Failing to do so is referred to as negligence. A good example of negligence would be hitting another car while driving and texting. The following are examples of negligence:
● Doing something that a reasonable person in the same situation would not do
● Not doing something that a reasonable person in the same situation would do
Since life is all about events, a negligent act can occur at any time. Good examples are medical malpractice, accidents in public buildings like stores, and car accidents.
If you are involved in a personal injury accident, you can file a personal injury case or claim. You must prove the following in order to win though:
● The defendant was legally required to use a legal duty of care towards you when acting
● The defendant failed to act in a way towards you that a reasonable person in the same situation would have.
● The defendant’s actions or lack of caused your injuries
The defendant had a legal duty of care toward you
Your personal injury lawyer will tell you that the law requires everyone to exercise a legal duty of care when acting towards others when in public. You do have a personal injury case if the defendant failed to do this when acting towards you. There are two exceptions to this though:
● Was the injury foreseeable for you?
● Would it be fair to impose the duty of care on the defendant?
The defendant acted or did not act with the same standard of care that a reasonable person in the same situation would have. Personal injury lawyers in Citrus Heights know that you have a personal injury case if the defendant did not act with the standard of care towards you that was expected of him or her. The standard of care does depend on the age, personality, character, and other traits of the defendant.
The defendant’s failure to act caused your injuries
You must prove that the defendant was guilty if you want to receive a settlement from him or her. You can win if you hire a good personal injury lawyer and understand the concepts behind negligence.