In any personal injury case, someone can usually be held at fault for the injurious accident. The plaintiff must produce evidence of negligence, in order to accuse the responsible party of having been careless and neglectful.
What is negligence?
The legal community defines negligence as careless and neglectful behavior. Plaintiffs that hope to demonstrate negligence on the part of a defendant must produce evidence of specific elements.
Elements of negligence
The defendant had a duty of care towards the defendant in the situation that triggered the accident. On the road, all drivers are expected to display a concern for the safety of pedestrians, those riding bicycles, and also other drivers. The recent proliferation of men and women on scooters has posed a problem, because it has added to the list of people that every driver should care about.
The defendant breached that duty of care. On the road, drivers that have violated a traffic law have provided other drivers with evidence of the second element, in the event that the actions of the violator would result in occurrence of an accident. In court, there are 3 other ways that a plaintiff could produce proof of the second element. A witness could report having seen the defendant’s failure to exhibit a required duty of care. There might have been a camera that was focused on the spot where the injury-causing accident took place. Finally, there might have been some form of evidence left at the spot where that particular accident caused the plaintiff’s injury.
The level of harm done to the plaintiff by the defendant had to be measurable, in order for the plaintiff to enter a charge of negligence on the defendant’s part. Personal Injury Lawyer in London know that insurance companies rely on formulas, when determining the value of the losses suffered by a given claimant. If an accident had caused a simple cut, one that needed no more than a standard bandage, then the injured person would not need to see a doctor. In the absence of a doctor’s bill, the level of harm done to the claimant would not be measurable. Hence the person responsible for the cut could not be hit with a charge of negligence.
Loss of earnings provides an insurance company with another way of measuring the level of loss suffered by an injured plaintiff. If the owner of a business were to get injured in an accident, he or she might face a challenge, when trying to produce evidence of loss of earnings. That sort of problem can cause a delay in the achievement of a settlement. The defendant’s lawyer might ask the defendant for more than one proof of the level of business’ profits, prior to the accident.