In criminal cases, such as murders, to prove that someone is guilty, the defendant must be viewed as such “beyond a reasonable doubt.” Instead, civil claims, such as personal injury, are governed by the amount of evidence that shows that someone has been injured at the fault of another. This article will talk about 5 elements that needed to be proven in order to win compensation.
The first thing a personal injury lawyer Edmonton must prove is the duty. In this case, this refers to the offender’s legal responsibility to care for the victim’s health.
For example, a doctor has a duty or responsibility to care for the health of her patients. If a man decides to have surgery for a leg problem and the operation goes wrong, the doctor would be liable for medical malpractice.
BREACH OF DUTY
The second thing a personal injury lawyer must prove is that the offender failed in accomplishing their duty and that the breach of duty harmed other people.
In the aforementioned case, the injured man’s lawyers will be in charge of proving that the doctor did not properly fulfill her duty. The main way to determine that is by speaking with a doctor in the same specialty where the injury occurred.
That way the lawyers will be able to determine why the doctor made a mistake during the surgery. It may be that she had not rested well, that she did not have the necessary knowledge, or that she simply wanted to harm the man.
CAUSE OF THE EVENT
The next step would be to irrefutably prove that the man’s leg injuries were caused during that surgery. The cause of the event is the relationship between the damage (the injury) and the cause of the damage (the surgery).
In the aforementioned case, it is possible to do this. With a compilation of bills and the injured man’s medical history, a relationship between the injured man and the doctor can be proven. As well as the existence of a surgical procedure.
Alright, so far the article has talked about 3 of the 5 elements that need to be proven in order to win compensation. The personal injury lawyer has managed to prove:
1. that the doctor had a duty to the patient,
2. that she breached that duty,
3. and that her negligence is the cause of the man’s injury.
But, there are 2 other very important elements to continue with the demand and bring it to fruition. Let’s see them.
Proximate cause is an extension of the originally caused damage. It’s a more complicated concept, so let’s follow the doctor’s example to better understand it.
Before continuing with the example, it is necessary to add 2 things:
1. the injured man was a professional soccer player and
2. the doctor who operated on him was aware of this.
After the operation occurred, the doctor realized in post-operative consultations that she might have made a mistake while operating. However, she decides to ignore it and withholds that information from her patient.
With the passage of time, the soccer player begins to train again with his team and, due to the intense physical activity, the injury created during the operation comes to light. And not only that but additional injuries are created as well.
In the example, the doctor is liable for the injuries caused in the operation, but she is also guilty of the additional injuries because she knew that a problem could occur and did nothing to prevent it. Therefore, the doctor is guilty of the cause of the event (the injury from the operation) and the proximate cause (the additional injuries).
Last but not least, the attorney must prove that injuries exist. If there is a potential risk of injury but no one has been injured, it is not possible to seek compensation for personal injury.
A PERSONAL INJURY LAWYER IS NECESSARY TO COLLECT THE EVIDENCE
If someone wants to receive compensation for their injuries, they need to hire a lawyer to prove:
1. The duty.
2. The breach of the duty.
3. The cause of the events.
4. The proximate cause.
5. The injuries.
Therefore, if you have been injured and expect to receive what you deserve, you need to hire an attorney. If you do, you will be living proof yourself that the law works and that justice can still be achieved.