If you were hurt in a personal injury accident, you’ll need to prove that the other party was negligent if you want to have a shot at winning any type of settlement. Since this is the case, it helps if you understand the concept of negligence.
Components of negligence
There are some things that personal injury lawyer in Red Deer must establish in order to argue that the defendant was guilty of negligence in your personal injury accident:
● You must prove that the defendant had a duty of care towards you
● You must prove that the defendant breached that duty of care
● It must be proven that the defendant failed to act the same way that a reasonable person in his or her situation would have.
What constitutes a duty of care?
Everyone has a duty of care towards everyone else. This is the obligation and responsibility to act in such a way that no one else is injured by the person’s actions.
The breach of the duty of care
Once you’ve established the fact that the defendant was legally obligated to act with a duty of care towards you, you must establish that the defendant breached that duty. Just keep in mind that if you’re found partly guilty for your own personal injury accident, then your final settlement will be reduced by the percentage that you were found guilty. In some cases, if the guilt is above a certain percentage, your settlement may be canceled.
How you prove negligence and liability
You have to prove that the guilty party didn’t act or think in the same way that a reasonable person in his or her situation would have if you want to have a shot at winning any amount of a settlement. You and your personal injury lawyer must consider the following when doing so:
● How long did the dangerous condition or element last? Was it a long enough period of time that a reasonable person would have easily noticed?
● Did the responsible party have a policy of regularly checking the property for any dangerous conditions or items that may exist on it? Were the checks formally documented in some sort of a log?
● Was there a reasonable justification as to why the hazard was created? Did the justification still apply at the time accident occurred?
● Could the accident have been prevented?
The concept of negligence is more complex and far-reaching than the concepts explained in this article. Therefore, you should hire a good personal injury lawyer if you’re ever hurt in a personal injury accident. Doing so will greatly help your chances of winning your case either in or out of court.