The success of personal injury court cases generally relies on one crucial element: proving that someone was negligent and at fault for the accident. But the legal precedent for negligence can be more complicated than you expect, and in order to understand how best to prove negligence, we’ve broken the process down into two critical steps
One of the key elements of proving negligence with your personal injury law firm is proving that someone did not fulfill their ‘duty of care’. This is a legal term encompassing the basic duties which all people, as members of the public, owe each other. For example:
- If you’re driving on a roadway, you have a ‘duty of care’ not to drive recklessly, even if you’re not technically doing anything illegal, like going faster than the speed limit. Or,
- If you have a large dog, you also have a ‘duty of care’ to keep it restrained or in a fence where it cannot hurt another person or animal.
And the final step is proving that your injury is directly related to that unfulfilled duty. In some cases, this is very straightforward; but in others, can be a little tricky. Using the same examples above, this might look like:
- Proving with police reports and/or eyewitness testimony that an auto accident you sustained was because of trying to avoid someone else’s reckless driving.
- Proving with physician statements and/or eyewitness testimony that your bruises, scrapes, and contusions were the result of being harmed by a loose dog.
Whatever personal injury you sustain, it’s important to gain the proof and evidence you’ll need to cement beyond a doubt that your injury was the result of negligence. This means keeping detailed records, the contact information of anyone who might have seen the accident, and any and all physician records, notes, and bills. It might seem obvious to you that the other individual is at fault, but often cases can only be heard days, weeks, or months after an accident, and you’ll need thorough documentation. If you need advice about a personal injury case, don’t hesitate to contact us today!