Personal Injury – Negligence Expanded
Chances are if you have stumbled onto our site, or purposely found us out, you or a loved one has been injured through no fault of your own. Life is normal, then the unexpected happens – where are you to turn for experienced personal injury assistance? Fortunately, you have found us, and we are ready to assist you with all of your accident and personal injury needs. Call today to discuss potential actions for claims of intentional and negligent acts of others that have caused severe harm and repercussions in your life.
Generally, if the action of another person was intentional, there is a heightened level of liability. This means they intentionally or recklessly made decisions that led to your ultimate injury. However, often in life injury occurs without reason, and is simply due to the negligent actions of another. This includes distracted driving: a parent yelling at their kids, a teenager texting on the phone, or missing the change in color of a traffic light. Landlords may be found negligent for improperly fixing stairs or for lack of a handrail. Restaurants and establishments may be liable for slip and fall actions, as they are required to maintain safety for customers. Whatever the reason or cause, there are four elements that must meet the burden of proof by your personal injury attorney. As an example, we will walk through the elements of a negligence action against a distracted driver.
One day as you are driving, your car is impacted from behind and pushes you into traffic. Your car is hit by another vehicle with the right of way, and you are left with substantial injury through no fault of your own. In a theory of negligence, there are multiple elements that you, the plaintiff, and your lawyer, has the burden of proving. In a negligence action, your personal injury attorney must prove:
- The defendant, the party you are seeking to hold liable for your injury, had a duty to act reasonably in the given circumstances. Here, the driver behind you was responsible to stay aware and alert, and to see that you were properly stopped at a light. There is a duty to act as a responsible driver to others.
- The defined duty was in fact breached by the defendant. When the other driver became distracted, they removed their eyes and attention from the road. Looking away, they did not break in time and subsequently crashed into your car.
- The breach of this duty – be it action or inaction – caused the harm to you that occurred. The impact of the car from behind, at the hands of the distracted driver, is a breach of the duty to act as a responsible driver. Due to this breach, a collision occurred, and you were physically injured.
- The breach of their duty of care caused substantial harm to you or a loved one, and as a result have suffered financial damages. The injury is not simply a bump or fender bender. Their failure to maintain the duty of care required was breached by the other driver, the breach of which led to the accident, and created the resulting harms to you, your vehicle, and others.
We are a network of experienced personal injury attorneys ready to fight for your rights. Choose experienced lawyers with proven results for all of your negligence claims. If you have questions about a case, contact a Personal Injury Lawyer, like The Law Offices of Francis X Young PLLC.