When a person is injured at the expense of another’s negligence, it is called a personal injury accident. These accidents can leave a lasting impact and change a person’s life. Because of this, the victims of an accident are able to hold negligent parties responsible for the injuries they sustained. This can be done through a personal injury lawsuit. When pursuing a lawsuit, the injured party must prove the other party was negligent by satisfying the burden of proof. To do so, they are required to show the defendant breached their duty of care and that this breach directly caused their injuries.
A duty of care can either be express or implied. The injured party must prove this existed. This can be done through the following steps:
Proving A Duty of Care Existed
In order to prove a duty of care existed, the injured party must understand why the other party is liable. An injury that occurs due to poor property conditions can be due to the property owner’s negligence. Property owners are required by law to ensure that their property is safe. If they do not maintain its standards and an accident happens as a result, they can be held responsible for any injuries. This is done through premises liability laws.
Accidents can also be a result of defective products. Sometimes, products are manufactured incorrectly and can malfunction. When this happens and a person becomes injured, the manufacturer can be held liable. This is done through product liability laws.
Prove the Duty of Care Was Breached
Once the duty of care is established, the injured party must show how it was violated. 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
To have a successful case, the injured party must work with their attorney to prove the negligent party’s breach of duty caused the accident and their injuries. This requires the injured party to show how the accident happened. They must also prove how the damages, injuries, and losses were a direct result.
When a personal injury lawsuit is successful, the injured party may be able to receive financial compensation. This exists to support them for any expenses that arise as a result of the accident. This allows the individual to recover from the incident without worrying about affording these costs. In order to be awarded compensation, the injured party must show that 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
If you are in this situation, it is important to discuss this situation with an attorney. The attorneys at Timian & Fawcett, LLC provide effective legal services to clients in Prince George’s County, Washington, D.C. and all of Maryland. Our firm is dedicated to our clients. If you need our help, we are ready to serve. Contact Timian & Fawcett, LLC.