Negligence
What are the Laws of negligence?
When a person acts negligently, causing harm to another, they may be held legally responsible for the damages.
An attorney must prove certain elements to prove negligence.
Duty of care
The plaintiff accused of negligence must have had a legal obligation to act in a reasonable, careful manner toward the person who suffered harm.
Breach of duty
An attorney must show that the person failed to meet the expected standard of care. The defendant didn't act in the same manner as a responsible person would have in a similar situation.
Causation
A lawyer must demonstrate that the negligent party's behavior directly caused injury or harm. There must be a clear connection between the careless actions of the defendant and the resulting damages the plaintiff suffered.
Damages
Harm or loss must have occurred. Harm can include financial losses, property damage, or injuries. A negligence claim can be difficult to pursue without damages.
How Can an Attorney Hold the Negligent Party Legally liable?
A personal injury lawyer will conduct legal research, gather evidence, and interview witnesses, to establish the elements of negligence.
Investigate the Accident
The lawyer investigates the accident, collecting evidence like medical records, photos, videos, and witness statements.
Consult With Experts
The lawyer may consult experts like accident reconstructionists or healthcare professionals to evaluate the situation.
Establishing the Elements
The lawyer uses the evidence they have gathered to establish the four elements of negligence and will build a strong argument based on these elements to prove negligence.
Negotiations With Insurance companies
Depending on the circumstances of a case, an attorney may negotiate a settlement with the other party's insurance company, or they may file a lawsuit on behalf of their client.
The law of negligence governs the conduct of people in a variety of situations. By establishing the negligence of the defendant and proving damages, a personal injury attorney can provide a fair and just resolution for the victims of negligence.
Contact Us Today!
If you were involved in an accident that was not your fault, taking legal action as soon as possible is the best way to increase your chances of successfully recovering the compensation you’re owed. At MVP Accident Attorneys, our legal team can help you during this difficult time by handling every aspect of your case, providing experienced legal advice, and guiding you through each step of the process.
Contact a personal injury lawyer at MVP Accident Attorneys today to schedule a free, no-obligation consultation and learn how we can help you obtain the fair settlement you’re owed.
Author
Brett Sachs
Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.
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