On behalf of Shea & Shea – A Professional Law Corporation on Sunday, April 7, 2019.
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.
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.
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.