A personal injury accident is when one person becomes injured or dies as a result of another party’s negligence. When this happens, the injured party may wish to hold the negligent party responsible for their behavior. In order to win a negligence claim, the injured party must prove that the defendant breached the lawful duty of care they were obligated to provide. In addition to this, they must prove the breach of this duty directly caused their injuries.
A duty of care can either be express or implied. No matter how it was established, the burden of proof is required of the injured party. This can be done by the four following steps:
Proving A Duty of Care Existed
In the majority of personal injury cases, proving that a duty of care existed is usually clear-cut. In the event that the accident happened due to premises liability, the property owner was responsible for their duty of care to the individual. This is done by providing safe conditions for those who come onto their property. Similarly, motorists have a duty to follow the rules of the road so that it is safe for others to drive.
Prove the Duty of Care Was Breached
Once it is established that the negligent party had a duty of care, the injured party’s attorney is required to show how it was breached. This can be done through the following:
- Incident reports
- Eyewitness testimony
- Expert witness testimony
- Surveillance footage
- Chemical test results
- Pictures or videos of the scene
In order to have a successful negligence claim, it must be shown that the injuries sustained were a direct result of the breach of duty. This requires the attorney to demonstrate how the damage, injuries, and any other losses happened because of the incident.
The purpose of a personal injury claim is to set right what was wronged by the victim and make them whole again. To have a successful case, the individual involved in the accident must have damages in order to receive financial compensation. Damages that may be recovered can include but is not limited to:
- Medical bills
- Lost wages and benefits
- The loss of future earning capacity
- Physical therapy
- Occupational therapy
- Court costs
Contact our Firm
If you or someone you know was involved in a personal injury accident and wishes to speak with an experienced attorney, contact Trombly & Singer, PLLC.today.
The experienced personal injury and medical malpractice attorneys at Trombly & Singer, PLLC are prepared to represent clients facing legal matters after being injured due to another person’s negligence. If you require strong legal representation in Washington D.C. or Maryland, contact our firm today to schedule a consultation.