Proving Negligence in a Personal Injury Claim
Proving Negligence in a Personal Injury Claim In Mesa Arizona
When it comes to a personal injury case, the biggest factor that must be proven is negligence. Many people think of medical cases when this word pops up. However, this word applies to all personal injury cases. No matter the case, negligence must be proven. Keep reading for a further breakdown of what negligence means and how to prove it.
Duty – This refers to the duty a person had towards the person who was injured. For example, in a pedestrian accident involving a vehicle, the driver and the pedestrian have laws to uphold which is their duty to the people around them. In each particular case, it will be assessed whether or not the defendant had a legal duty in some way to the plaintiff. This is the first step.
Breach – Did the driver or pedestrian breach these duties? In other words, did they break the law and therefore fail at upholding their duty? It then must be proven that the duties the defendant had towards the plaintiff were breached or broken. However, it must be proven that this breach was done so in a manner that any reasonably prudent person might choose. There is a basic guideline that acts as a guideline for pointing out how the average person may breach their legal duties. If the attempted explanation of the breach doesn’t fall within these guidelines, then the defendant isn’t considered negligent.
Causation – What caused the accident and was it because those duties were breached by either party? Once the other two steps are proven, the final step is to prove the injuries in question were actually caused by the breach of legal duties. For example, say someone sprained their knee a few days before the accident and then tried to pin that sprained knee on what occurred with the defendant. The way to prove this is by keeping detailed records of the injury. Take photos right away, go to the doctor to have official medical documentation, have witnesses, etc. This is the best way to prove how bad the injuries were and that they were definitely caused by the incident. An important factor to point out is that the defendant may be able to prove that they had no idea their actions would or could cause injury. For example, say a random act of nature was involved. If this is the case, then the liability wouldn’t fall on the defendant.
Damages – What was the injury, or injuries, that were a cause of the accident? Did the vehicle sustain damage, did the pedestrian break their leg, etc. If so, did any of these incur medical charges or repair bills? If awarded, the plaintiff would receive damages for all of this. Often included is also emotional or psychological damages. Of course, damages are commonly in the form of money which goes to cover the expenses involved with the incident. Sometimes, damages can be other things, but it’s not as common as monetary sums.
If you or your loved one need help in proving negligence concerning a personal injury case, don’t hesitate to contact us for a consultation.
Contact Schenk Podolsky Attorneys at Law today, your Arizona Injury Lawyers in Mesa and Phoenix.
We are conveniently located off the U.S. 60 on Baseline Road between Val Vista and Greenfield in The Gateway Executive Suites.
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Phone: (480) 757-5000
Fax: (480) 471-5181
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