When you collide with a negligent person, you are likely to get hurt. When you get hurt, your life can drastically change, and you may begin to spend money you had no plans for.
When you fail to behave responsibly, you put others at risk. A negligent person or institution does not prioritize the well-being of others. However, you can file a suit against the negligent party if you can prove your case,” says personal injury attorney Ronny Hulsey of Smith Hulsey Law.
To understand negligence, imagine a negligent driver taking their eyes off the road while trying to receive a call. The driver may swerve to where you are and knock you down while you are about to cross the road.
You may sustain severe personal injury in the process. In a worst-case scenario, it may lead to wrongful death. This is why proving negligence in personal injury cases is important.
It helps you understand how the negligent party’s actions remotely or directly caused your injury. In this article, you will understand the crucial role negligence plays in proving a personal injury claim and how attorneys apply it:
Table of Contents
Establishing Duty of Care and Violation
The first thing to do to prove the fault of the guilty party is to establish that they owe you a duty of care. Next, you show how they clearly violate this duty. Violating this duty means that they acted irresponsibly around you, and this act resulted in your injuries.
For example, according to the law, property owners must keep their premises safe for visitors. If they fail to clean the wet floor or fail to install a warning sign about the wet floor, they have breached this duty.
If you slip and fall and sustain injuries, then the property owner becomes liable. You may then file a lawsuit against them. The lawsuit is to formally make them accountable for their ill action.
However, you cannot succeed in your case until you establish negligence. This means showing that the owner failed to prioritize your safety and facilitated the scenario that led to your injuries.
Establishing Negligence in Liability and Compensation
The law recognizes the negligent party as the at-fault party in any given accident. This is because the law recognizes that when a person fails to act responsibly, they can injure others. Thus, the law mandates that negligent parties answer for their actions.
The essence is to help those who suffer injuries receive compensation for their injuries and losses. Compensation helps to recover financial losses and aid recovery. It also ensures that the at-fault party must bear the financial consequences of their action.
What you should know is that liability is not generic. The facts of each case determine the liable party. A court will only award you compensation if you can prove the at-fault party’s negligence.
You can achieve justice when you better understand negligence. If you want a fair outcome for your case, you must meticulously lay the foundation by gathering enough evidence to prove your claim. Evidence bolsters your confidence and helps you stay focused.
Evidence as the Backbone of Your Claim
The burden of proof rests on you. You must present evidence supporting your claim to stand a chance of compensation. Insurance companies and courts deal with facts and not emotions.
You cannot establish negligence against the defendant if you have no single piece of evidence. The insurance company will be happy about your lack of evidence since that would disqualify you from receiving any compensation.
That is why you must engage an attorney. Carefully liaise with your personal injury attorney to gather evidence to prove your case.
Solid evidence typically includes medical records, photos, video footage, witness statements, and police reports to establish your claim. Your attorney may also involve an expert witness to strengthen your case.
Maintain a journal, detailing your daily emotions and experiences related to the accident; be specific about the sights, sounds, and sensations you recall. You significantly improve your chances of receiving compensation when your claim aligns with your evidence.
You Should Engage a Lawyer
Knowing your rights when you are involved in an accident is essential. If you are ignorant of your rights, the at-fault party will take undue advantage of you. Knowing your rights will help you explore the law to pursue justice.
However, personal injury law can be complex. Another huge problem is that you do not have all the time in the world. There is a statute of limitations on when to file a lawsuit against the at-fault party.
It means that you do not have time to carefully study the law. As a result, you should engage a local personal injury attorney who understands the law and can help you act promptly. They will also guide you through the legal tussle and protect your rights.
You can even allow them to handle the entire process for you. That way, you can focus on healing. But be careful when you want to engage an attorney.
Ensure you engage a reputable attorney. They will prioritize your ideal interest and keep you informed about the progress of the case. You must not agree to any settlement until your attorney tells you it is okay to do so.
Insurance adjusters will attempt to take advantage of you with dubious offers. You should not let that entice you. Let your attorney take care of it.
Concluding Remarks
Proving negligence is the most important part of a personal injury suit. This improves your chances of receiving compensation. More precisely, it establishes the validity of your claim.
Mere claims without sufficient evidence will not yield the desired outcome. That is why you need to involve a reputable local personal injury lawyer who can help you establish fault. Getting legal support is your first step toward justice.
You may trust your attorney to prosecute your case. Your attorney will design ways to bring the opposing party to justice. They will also focus on protecting your rights and recovering maximum compensation for your injuries and losses.