When someone is injured because of another person’s negligence, it is known as a personal injury accident. These accidents have the potential to be life-changing. When these situations happen, those who sustain injuries can hold the negligent party responsible for their actions. This can be done through a personal injury lawsuit. In doing so, the injured party is responsible for proving the other party’s negligence. This must be done by satisfying the burden of proof. To do this, they must show the defendant breached their duty of care and that this breach directly caused their injuries.
A person’s duty of care to another can either be express or implied. Regardless, the injured party is required to prove it existed. This can be done through the following steps:
Proving A Duty of Care Existed
In proving that a duty of care existed, the injured must know how the accident occurred and what makes the other party liable. When an injury happens because of hazardous property conditions, the owner of that property can be held responsible. Property owners have a legal obligation to make sure their property is safe. If they fail to do so and an accident happens, they can be held responsible for the injuries that are sustained. This is done through premises liability laws.
Other times, an accident may be a result of a defective product. When a product is made incorrectly, it can malfunction and injure the person using it. If a faulty product is sold and hurts someone, the manufacturer may be held liable. This is done through product liability laws.
Prove the Duty of Care Was Breached
When the duty of care is proven, the injured party must then show how it was breached. This can be done with the following evidence:
- Incident reports
- Eyewitness testimony
- Expert witness testimony
- Surveillance footage
- Chemical test results
- Pictures or videos of the scene
In order to have a successful case, the injured party and their attorney must show that the breach of duty directly caused the accident. This must also prove that the accident was the cause of their injuries. To do this, the injured party must show how the accident occurred in addition to how the damages, injuries, and losses happened as a result.
When the injured party is successful in proving negligence, they may be able to receive financial compensation. This exists to support them for any traumas incurred as a result of being involved in the accident. Receiving this compensation allows the victim to recover from their injuries without worrying about any added expenses. To be awarded compensation, the injured party must prove damages occurred due to the other party’s negligence. Damages that may be recovered after an accident can include:
- Medical bills
- Lost wages and benefits
- The loss of future earning capacity
- Physical therapy
- Occupational therapy
- Court costs
Contact our Firm
Decker, Tychostup & Friedman, LLC is comprised of experienced personal injury, criminal defense, and family law attorneys. Our firm is proud to serve clients in Baltimore, Maryland. If you require strong legal representation that will fight to protect your future, contact the attorneys at Decker, Tychostup & Friedman, LLC to schedule a consultation.