What Is Negligence In A Personal Injury Claim?

When it comes to any injury, there are matters of cause. In some accidents, an incident takes place where there is no negligence involved and the victim makes a claim to get benefits through their own insurance company. But in many cases that we see as Medicine Hat injury lawyers, there is a negligent party. It is then up to someone to prove that negligence in order to make that party legally responsible for compensation to the injured victim. So what is negligence and how is it proven?

Four Facets of Negligence When it Comes to Personal Injury

When it comes to personal injury law, negligence happens when one person has acted in a way that ignores risks and puts others at harm. In any matter of proving negligence, there are four facets. They are:

● The presence of a duty of care. One party has a duty of care toward another.
● A breach of that duty.
● Proof of causation. The injuries must be proven to be directly caused by the breach.
● Nature and the extent of the injuries.

For instance, when it comes to a motor vehicle accident, drivers have a duty of care to drive according to traffic rules and regulations, to exercise good judgment, and to drive safely in order that the other drivers on the road remain safe. A driver who is driving while impaired is breaching that duty.

If an accident occurs and it can be proven that injuries were a direct cause of the impaired driver, he or she would be responsible for compensating the injured party in the context of the injuries and nature of the accident. So negligence is a violation of that duty of care that people have for each other in accordance with the laws.

Determining Negligence Can Be Complex

Sometimes fault is clear and other times it isn’t. That is why negligence and duty of care aren’t always easy to prove. Often, it takes investigation, evidence, and witness accounts to establish what really happened in the case of an accident. This can be complex in itself. Then the determination of whether negligence was involved further complicates matters.

Get Legal Advice After an Accident

All accidents are unique and negligence is not always clear-cut. That is why it is important to get the advice of a Medicine Hat injury lawyer if you have been injured in an accident due to the negligence of another. You are always entitled to a legal opinion after an accident. Even when it is not a clear case of negligence, consulting with a legal professional is the best way to ensure that your legal rights are being protected after an accident.

If you have been injured in an accident, call the legal professionals at BPCAB Personal Injury Lawyer. We offer a no-cost consultation in order to discuss your accident and your rights to compensation for your injuries.