Negligence is the legal concept that personal injury cases depend on. You need proof of negligence for an injured victim’s legal team to recover compensation for the injured person’s damages. This is why it is so vital to hire a licensed personal injury attorney that is experienced in the specific type of serious accident (motor vehicle, trucking collision, slip and fall, wrongful death, etc…) you or a loved one were recently involved in.
Hiring a seasoned accident attorney will give you an advantage when it comes to proving fault in a personal injury case. Just be sure to act fast before evidence is lost and file a claim before your state’s statute of limitations runs out.
Continue reading to learn more about establishing negligence and personal responsibility in an injury claim.
A Brief Explanation of Duty of Care in a Personal Injury Lawsuit
Negligence can be defined in many ways, but there are two fundamental factors that make evident its basic concept: the two factors being “duty of care” and “breaching” that duty. Every person in the United States has a legal responsibility, or duty of reasonable care, to prevent or avoid causing harm to another person, whether intentional or accidental. Establishing a party’s duty of care is the primary step in a personal injury case, and the step your lawyer will be initially focused on.
Your hired legal team will work to prove that the at-fault party had a responsibility and failed to uphold that responsibility, causing another person to get injured or killed. They need to show the jury or judge that a defendant breached their personal duty of care, which led to a person getting hurt. If these two concepts can be established and upheld, then a plaintiff has a greater chance of winning their case and recovering recompense for their damages.
Proving Damages and Losses
Once these two concepts are demonstrated and confirmed, the next step is to prove that their client (the injured victim or plaintiff) suffered damages as a result of the defendant’s negligence. For more information or advice regarding accident lawsuits and filing claims after being hurt in an accident, be sure to consult a licensed Indianapolis Indiana accident lawyer for accurate and knowledgeable counsel you can trust.
Are you ready to begin the process of filing an accident claim after being wrongfully injured in an accident or event? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursing legal action against a suspected at-fault party. Once a verdict or settlement is obtained, the at-fault party’s insurance carrier pays the verdict or settlement. From the initial consultation to the final verdict if necessary, our Indianapolis personal injury attorneys are by your side every step of the way.
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