Negligence is the failure to use reasonable care to prevent harm or damage. Negligence can occur in several situations, including the following:
• A person fails to act with reasonable care and causes injury or damage to another person. For example, a driver speeding on the highway hits another car and causes an accident.
• A person fails to warn others about an existing danger they knew about but did not correct. For example, a homeowner knows his deck is rotting but does not repair it before someone falls through it while walking on it.
In addition to the emotional and physical toll that an accident can take on your life, filing a personal injury claim can also be confusing and frustrating. A personal injury lawyer can help ease this process by guiding what steps you should take next, helping determine how much money you may receive in compensation, and explaining the legal system to understand how it works.
Negligence can be classified as either gross negligence or ordinary negligence. Gross negligence is more severe than ordinary negligence and involves reckless disregard for the safety of others or their property. Ordinary negligence involves ordinary carelessness and may not rise to the level of gross negligence but may still cause significant harm to others or their property. The four elements of negligence in a personal injury case are:
1. Duty: This element is often called “duty of care.” To prove this element, you must show that the defendant owed you a duty of care and breached that duty.
2. Breach: The defendant must have breached their duty by failing to act reasonably and prudently under the circumstances. In other words, you must prove that the defendant failed to take reasonable measures to protect you from harm. An injury lawyer in Spruce Grove is trained to prove that the other party’s actions were careless or reckless.
3. Causation: You must also prove a direct link between the plaintiff’s injury and the defendant’s breach of duty. In other words, if your doctor failed to diagnose your broken leg while at the hospital, but another doctor later discovered it after you left the hospital, then there may not be any causal connection between your injury and your doctor’s failure to diagnose it properly during treatment.
4. Damages: Finally, if all three previous elements were met for negligence, you will likely recover compensation for your injuries, provided they were caused by someone else’s negligence or willful misconduct.
Proving negligence requires gathering evidence such as witness statements, police reports and medical records that show how someone was injured by someone else’s actions or lack thereof. A personal injury lawyer will help gather the evidence needed to prove your case and show that someone else was negligent when they should have taken care of their responsibilities and kept you safe.