Personal injury accidents occur when an individual becomes harmed due to another person’s negligence. These accidents and the injuries sustained can be life-changing. This is why victims of personal injury accidents are able to hold a negligent party responsible to receive damages for their injuries. This is done through a personal injury lawsuit. When the injured party pursues a lawsuit, they must prove the other party was negligent. This requires them to satisfy the burden of proof. To complete this, it must be shown that the defendant breached their duty of care which directly caused the victim’s injuries.
When a person has a duty of care to another individual, it can either be express or implied. Regardless of which duty it was, the injured party must prove that it existed. This can be done through the following steps:
Proving A Duty of Care Existed
It is important for the injured party to understand why a person is liable when proving a duty of care. When an injury occurs due to poor property conditions, the property owner is negligent. By law, property owners are required to maintain a safe premises so that others cannot be harmed. If they fail to do so, the owner can be held responsible for injuries that are sustained. If they do not maintain its standards and an accident happens as a result, they can be held responsible for any injuries. This is done through premises liability laws.
There are other cases in which an accident occurs due to defective products. If a product is manufactured incorrectly, it can malfunction. If a person becomes injured due to a faulty product, the manufacturer can be held liable. This is done through product liability laws.
Prove the Duty of Care Was Breached
Once a duty of care is proven, the injured party must show how it was violated. Evidence to prove this can include the following:
- Incident reports
- Eyewitness testimony
- Expert witness testimony
- Surveillance footage
- Chemical test results
- Pictures or videos of the scene
Part of proving negligence is showing how the negligent party’s breach of duty caused the accident, thus causing the victim’s injuries. In order to be successful, the injured party must show how the accident took place. This is in addition to how the injuries, losses, and damages occurred as a direct result of the accident.
If the injured party is successful in proving negligence, they may be eligible to receive financial compensation. This exists to cover any additional expenses that arise due to the accident and their injuries. With this compensation, the victim is able to recover from their injuries without worrying about paying these costs. In order to receive this, the injured party must show that damages occurred due to the individual’s negligence. Damages that may be recovered can include:
- Medical bills
- Lost wages and benefits
- The loss of future earning capacity
- Physical therapy
- Occupational therapy
- Court costs
Contact our Firm
If you or a family member have been injured as a result of a personal injury accident and wish to speak with an attorney, contact Lloyd J. Eisenberg & Associates today.