Personal injury law can prove to be complex and it often requires the help of a skilled legal professional to guide you throughout the entire process. This is often due to the fact that you must prove liability in order to show negligence and pursue compensation.
While it may be intimidating to go through the process, you must understand that there are typically four factors involved in proving liability and in most negligent-related accidents causing injury, these four factors are present.
The need to prove liability makes it imperative you get the evidence necessary to help your case. Here are the four factors to keep in mind at all times.
The Defendant Owed the Plaintiff a Duty of Care
As a plaintiff, you must know that the burden of proof lies on you. You must first start with showing that the defendant (the person you claim responsible for the incident and your injuries) had a duty of care to keep others safe.
For instance, if the accident that occurred was a car collision, the defendant must have had a license to drive. This license serves as an assumed duty to care for all others on the road. It means that the defendant was obligated to act in a safe and responsible manner.
Similarly, if you were injured in a medical malpractice situation, the medical professional has a duty to care for you as a patient. They’re expected to prioritize your health and prevent any harm from occurring.
The Duty of Care Was Breached By a Negligent Act
Once you have shown that the defendant was obligated to a duty of care, it must be shown that the duty was breached by the defendant’s negligent actions. You must show that they did something out of the ordinary—such as driving while intoxicated or performing surgery on the wrong body part—that would be considered negligent.
The Breach Resulted In an Accident
It must be shown that the actions of the defendant were the direct cause of the incident. For instance in a car accident, if the defendant was distracted because he or she was texting while driving and crashed into your car, the direct breach of duty of care caused the accident.
However, if the breach was done prior to the accident and someone else’s actions caused the defendant to swerve into you, it can be looked at as the defendant wasn’t the true liable party. All factors must be considered to determine if the act was the primary reason for the incident to occur.
The Accident Resulted In an Injury
Many times, defendants try to claim that the injuries the plaintiff has are pre-existing or are from a separate incident. You must show that your injuries were a direct result of the negligence of the defendant. This makes it crucial to see a doctor as soon as you can following the injury to help get treatment and medical records you can use to benefit your case.
At Shapiro Law Firm, we know that it can prove to be difficult to hold someone liable without all factors being considered. We’ll work hard to help build the evidence you need and go the extra mile to hold the responsible party fully accountable for their actions that resulted in your injuries.
You can count on our Tallahassee personal injury lawyers to put your best interests first. We want to guide you through the process and seek compensation to help you cover the expenses associated with your damages. Not only that, we want to help you obtain justice against the person or entity responsible for causing you harm. Trust us to be your voice during this difficult time.
Call our firm today at (850) 629-7226. We offer free consultations and are ready to help you move forward following a negligence-related incident.