In most cases of personal injuries, the plaintiff (the person suffering a loss or injury) would typically rely on the concept of negligence to establish a fault on the other party for the accident.You may be wondering how exactly Negligence can be defined.Negligence can be described through an illustration of a few key elements that are considered for a negligence claim. This includes the duty of care and the breach of that duty.
“Duty of care” is a term used in the legal world to refer to the responsibilities a person has to avoid harming another individual. In a personal injury lawsuit, the first thing to do is prove the other person was negligent in an act. This is done by establishing proof that the other party had a duty of care in the situation that caused the injury. The injured person will then have to prove how exactly the other party failed to perform his/her duty in the situation. In other words, it should be established how the defendant in the situation “breached” his/her duty of care. Once the breach has been established, the final step in the process would be to show the plaintiff has suffered damages or injuries caused by that breach of duty of care.
Lawsuits on personal injuries and Duty of Care:
When involved in a personal injury case, a plaintiff should be able to demonstrate a duty through Negligence by showing actions that were taken or actions that were not taken to avoid the situation. This means you would be required to show the failure of the defendant to meet the required level of reasonable care in that situation.
So, how exactly would one know what the exact standard of care should be in such situations? The appropriate standard of care depends on the facts of each case. This can be understood through an example, in a traffic accident, an individual can acquire an insurance claim or file for a personal injury lawsuit. A vehicle user has the legal duties to operate his/her vehicle with reasonable care at all times. This includes the user taking into consideration traffic conditions, visibility, and even the weather.
A few other examples for injury related cases that require a duty of care include:
- A case where an individual has a slip and fall injury.
A business owner or property owner has a legal obligation to keep that property free from hazards. If new hazards have been determined, it is essential to seek a remedy to avoid damages within a reasonable time.
- In a medical scenario.
A doctor or other medical practitioner has the legal obligation to provide the same level of efficient treatment to all patients with reasonable care and skill.
- For defective products.
Manufacturers, distributors, and sellers of consumer products have a legal obligation to issue products that are free of unexpected dangers to the individuals who purchase those products.
Negligence is a sensitive case that requires thorough attention.
To effectively handle personal injuries through Negligence, an attorney specializing in personal injuries would be the right choice. That’s what we at the Gretchen Ortiz Law Firm are here for. Our Law Firm possesses skilled and competent attorneys to help clients as best we can! We won’t disappoint you, contact us now for a consultation.
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