Elements of Negligence in Personal Injury Cases in Compton that Must be Established
Each year, thousands of people in Compton sustain injuries in accidents because of somebody else’s negligence. A lot of these victims pursue a personal injury claim. To prove negligence in this type of legal case, there are four elements that need to be demonstrated. And if you are a claimant, you must work with a Compton personal injury lawyer who can help you with this. These elements include the following:
As the plaintiff in a personal injury case, you must prove a legal duty exists. Thus, the person who you think caused the accident and your injury has a duty of care. For instance, any driver has a legal duty to use reasonable care while behind the wheel.
Breach of Legal Duty
You must prove that the negligent party caused the accident that resulted in the injury you suffered. For instance, a motorist who drives through a red light breaches their duty of reasonable care.
In a personal injury case, you must also establish a proximate cause to prove negligence. This means that you must prove the accused’s breach of their legal duty directly caused your accident and injury. Also, you must show that the accident and injury were foreseeable by the negligent party who still chose to breach their legal duty.
Damages, Injuries, and Losses
Injuries can’t be just speculative. You need to prove you have sustained injuries, losses, and damages to get compensation from the opposing party. This is where you need to provide documentation of your injuries and the damages you sustained.
A major step to protect your rights after sustaining an injury in an accident is to retain the service of a skilled personal injury attorney. The best lawyer has worked with a lot of injured individuals in various kinds of accident cases. Ensure you choose an attorney with extensive experience in handling the kind of accident you were involved in and the type of injury you sustained.
During your initial consultation, your attorney will determine if you have a good case. If they decide to take your case, they will investigate the accident as soon as possible to recover evidence that is still available. Your attorney will use this evidence to build and strengthen your case. They will negotiate a fair settlement with the negligent party’s insurance company. But if the opposing party refuses to settle your case for the amount you are due, your attorney can take your case to trial.