Corporate Law

How Do You Prove Negligence in a Personal Injury Case?

Accident Slip Up

For a personal injury lawsuit to be successful, you will have to show that the defendant was negligent. Here are the steps to take in order for you to do that.

Was There a Duty of Care?

If there was a duty of care in place between you and the person who caused your injury, this is enough to win you the case. Of course, this is not relevant to some personal injury cases. Many of them happen in a public setting. In those instances, this part is irrelevant. If on the other hand, the injury came about because of a decision made by a medical professional, that’s different. When you are in the care of a medical professional, they have a duty of care towards you. An employer also has a duty of care. They are liable for your safety when you are carrying out a job for them.

What is Your Lawyer’s Advice?

When you are thinking of pursuing a compensation claim for a personal injury, you should speak to a lawyer. Many people think that they can take care of this kind of thing by themselves. But believe me, the whole process is so much simpler for you when you have a legal expert to help you. You should speak to them before you go any further and get their opinion of your case. They will be honest and frank with you. If they think that you have no chance of winning or that there was no negligence, they simply won’t accept your case. So, seek out a personal injury lawyer as soon as you can.

Did Anyone See the Accident?

If you have someone on your side who saw the accident take place, you should ask them to testify. If they are willing to appear in court as an independent witness and back up your claims, this will do your whole case a world of good. You will be able to rely on them to push your case that little bit closer to success. There are so many people with so many different agendas when a legal battle is taking place. So, having someone who has no bias or agenda back you up could be truly invaluable. It’s not something that you should underestimate, so see if you can find a witness.

Is There Proof?

In cases such as these, the burden of proof lies with you. That means that it is up to you to prove to the judge that negligence took place. It is not for the defendant to prove that it didn’t take place. Therefore, you are not going to get very far with your case if you cannot prove that negligence actually occurred. So, do you have proof? Or is there some way to get some proof? Having a hunch or being sure that someone did something that you regard as negligent simply isn’t enough. Even if you are right, it means nothing unless there is something to back you up. I already mentioned witnesses above, but there are other forms of proof. For example, was there CCTV cameras covering the incident? Or was there existing evidence at the scene that was photographed?

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Beth Jones is a valued contributor to various blogs.

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