Did you know that the concept of negligence is crucial in most personal injury claims and lawsuits because the plaintiff can prove that the defendant was indeed negligent? Negligence is indeed as integral a part of personal injury cases as flour is to pancakes. But why is this the case, and how do you prove negligence?
The fundamentals of negligence
A personal injury lawyer in Yorba Linda will tell you that negligence occurs when a person fails to exercise a reasonable standard of care that a reasonable person in the same situation would. There are two instances when negligence can occur:
● Doing something that a reasonable person who is in the same situation would not do
● Not doing something that a reasonable person in the same situation would do.
Since negligence is broad, it is common in life. For example, you can become the victim of negligence if your car is hit by a drunk driver when you are driving. If you (or anyone else) are a victim of a personal injury accident, you can and will likely file either a personal injury claim or lawsuit. You (as the plaintiff) must prove the following if you want to win your personal injury lawsuit or claim:
● The defendant had a legal duty to exercise a reasonable standard of care towards you
● The defendant did not exercise the reasonable standard of care that a reasonable person in the same situation would have
● The defendant’s actions or lack of them are what injured you
The defendant had a legal duty to the plaintiff
Personal injury law states that any person has the duty to act with a reasonable amount of care towards you. There are two exceptions though:
● Foreseeability of the injury
● If imposing the duty is fair
The defendant failed to act with the same standard of care that a reasonable person would have
Personal injury law dictates that people have to act with a reasonable standard of care with respect to others. This does vary depending situation and the characteristics of the individuals. Statutes can sometimes define what the reasonable standard of care is.
The defendant’s actions or lack of them caused the plaintiff’s injuries
You (the plaintiff) and your personal injury lawyer must prove that the defendant’ negligence caused your injuries.
It is possible to win personal injury cases if you understand the concept of negligence. You can indeed a personal injury case if you understand the concept of negligence and have a good personal injury lawyer. Thus, select to work with one that is experienced and qualified.