Establishing Negligence

Establishing Negligence

In order to be successful with a claim, you will need to prove that the property owner acting negligently, and this negligence was directly responsible for your injuries. Legally, your lawyer will be looking for the following:

Duty of Care
A duty of care is the standard by which the defendant’s actions are judged. It is an expectation of how a reasonable person would act under the same circumstances. In this instance, a property owner has a duty to ensure that his premises is safe for those who use it.

Breach of Duty
Once it is determined what a reasonable action or inaction should have been under the circumstances, it will need to be shown how the defendant in your case failed to meet this duty.

It must be proven that the defendant’s actions were the direct cause of your injuries. People can act unreasonably and recklessly, but they are only liable if it can be shown that their behavior caused your injuries.

Damages are losses you have incurred because of the accident. It can includes the physical, mental and financial harm that you have suffered. Compensatory damages are meant to reimburse you for your medical expenses and lost wages. Noneconomic damages are meant to compensate you for pain and suffering, diminished quality of life and lost opportunity.

When we evaluate your case, we will analyze the nature of your injuries and assess your medical condition. You may have incurred substantial medical costs, and you might need future care. You might be unable to work, and may take some time to recover. We will also take into account your out of pocket expenses related to the accident, as well as your pain and suffering.

Contact us today to discuss your case. We will give you a fair assessment, and can create an action plan moving forward. You deserve to be compensated for your injuries.