Key components of a successful negligence claim

When someone lets you down, it can be disappointing. However, when the letdown causes injury to you, it can lead to serious consequences.

Thankfully, it may be possible to seek restitution through a personal injury claim. To create a successful process, you must prove negligence. When doing so, consider a few key components.

Duty of care

Everyone has a certain duty of care to uphold, and it can vary depending upon what position the person holds. For example, physicians must meet or exceed the level of care a prudent physician would provide in the same situation. A store owner has a duty to any customers on the property to provide a certain level of safety while the customer is on the property. When parties do not execute the proper duty of care, the party is in breach of duty of care.

Injuries

During the claim process, you must show the extent of the injury, and proof that the incident caused it. While injuries of a catastrophic nature may be easier to prove, it still takes work to successfully link those injuries to the actions of the negligent party. While that may take time, it is important to keep in mind that you must file the claim within the limitations term. However, if the injury is not discovered until after the statute period, it may still be possible to pursue a claim, in some cases.

Evidence

Having the proper evidence is key to any personal injury case. The evidence must validate all the aspects of the negligence claim. If possible, securing an eyewitness testimony, or expert witness in the field, can be extremely beneficial. As you collect and work through evidence, it can be helpful to keep copies of any paperwork.

Proving negligence can be complex; however, it is achievable. Take some time to determine if a negligence claim could benefit your situation.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Tell Us About Your Serious Injuries

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Shea & Shea - A Professional Law Corporation
2007 West Hedding Street
Suite 100
San Jose, CA 95128

Phone: 888-989-7432
Fax: 408-292-1264
San Jose Law Office Map