Although, any injury taking place due to someone else’s
negligence and misconduct is referred to as a personal injury, not all are
compensated especially when the negligence is not proved. Such is the
importance of proving negligence in such injury cases. The negligence factor
for personal injuries in itself depends on other four to five factors. Taking the help of an experienced Injury Lawyer in Markham will allow you to understand the role played by the negligence factor in personal injuries.
Duty of Care
The first main factor to prove the negligence
is that the defendant should have a duty of care towards the plaintiff. In
other words, it should be established that the defendant had a duty to act in a
responsible manner towards the plaintiff. For instance, a doctor has a duty of
care towards the patient who trusts him or her for a medical treatment.
Breach in the Duty of Care
Just related to the duty of care
comes the breach in the duty of care. Injury Lawyer in Markham, this is
violation to the standard duty of care that should have been provided to the
plaintiff by the defendant. This breach could happen due to recklessness,
carelessness, misconduct or sheer negligence. For instance, if a product
manufacturer designs defected products that he or she breached the duty of care
towards the consumer, because it is the duty of the manufacturer to design safe
products.
Breach is the Cause of Injury
Third main factor required to
establish the negligence in personal injuries is that the breach in duty of
care is the direct cause of the injury. According to a professional Injury
Lawyer in Markham, the plaintiff should be able to prove that the injury was
caused mainly because of the breach in the duty of care from the defendant’s
side.
Prove the Damages
Fourth element required to prove the
negligence of a defendant towards the plaintiff is the damage factor. The
plaintiff should be able to prove different kinds of damages incurred due to the
negligence of the defendant and the injury received. These damages may include
medical losses, income losses, pain and suffering, loss of enjoyment from life
and emotional distress too.
Prove the Fault
Lastly and most importantly, it is important
to establish the negligence of the defendant by proving the fault. For this,
the plaintiff may use a number of ways like proving that the defendant violated
some code of conduct or by presenting statements from an eye witness. Apart
from this, the plaintiff may also produce some photos and videos of the
accident spot to show the negligence done by the defendant. Above all, the
medical reports can be used to support the case and establish the fault of the
defendant. Jury also takes into account the testimony of the plaintiff to prove
the fault in a personal injury case. Click here
