According to legal definitions, negligence is the “failure to behave with the level of care or exercise a level of care that someone of ordinary prudence would have behaved or exercised under the same circumstances.” Negligence is also the “actions or inactions of a party that violate that party’s duty of care to another party.” In personal injury law, negligence is often the basis for many lawsuits.
For example, let’s say an individual is driving while under the influence of alcohol or drugs (or both), runs a red light or stop sign, and is involved in an accident with another motor vehicle. In this case, there are two incidences of negligence. First, the individual was driving while under the influence and second, they ran a red light or stop sign. As a result, the driver breached their duty of care to operate a motor vehicle safely.
The Cause for Legal Action
If you suffered injury in a car accident that was caused by another person’s negligence, you have the right to file a personal injury claim and lawsuit against the at-fault party. In this case, the at-fault party is the business, individual, or other entity that caused the accident by acting negligently. In order to file a successful personal injury claim, the following 4 elements must be established by a personal injury lawyer in London:
• Duty of Care
• Breach of duty of care
• Causation
• Damages
If you can’t prove negligence in your case, you might not be awarded damages. While it may be obvious that the other party acted or behaved negligently, proving negligence is more difficult than you think, especially if you don’t seek legal representation. Even if you can establish negligence, you still have to prove that the other party’s negligence caused the accident and that you suffered damages and injury as a result.
Proving Negligence
Proving negligence in a personal injury claim or lawsuit requires sufficient evidence that often includes:
• photographs taken at the scene
• police reports
• statements from eyewitnesses at the scene
• video surveillance of the collision
Your personal injury lawyer will work with witnesses who are able to testify for the many elements of your claim, including whether the actions or behavior of the defendant were negligent. When you’re recovering, gathering evidence and information regarding your accident and injuries is the farthest thing from your mind. And that’s where a personal injury lawyer can help.
To learn more about your legal options for recovering damages and ensure that your rights are protected, call the EBPC Law firm today at (800) 259-3082.