Negligence refers to the failure of a party to take reasonable care to avoid causing injury to another. To recover damages in a personal injury case, your Personal Injury Attorney in Ajax must be able to show each of the following:
Duty
The first element of negligence is duty. A duty is an obligation created by law or assumed by contract. A duty arises from a relationship between two parties, such as landlord and tenant or employer and employee. In addition, every person owes a duty of care to all other persons whose actions or inaction could potentially injure them. For example, a driver has a duty to drive safely and avoid hurting other drivers on the road. If a driver negligently fails in this duty, it is considered a breach of duty, which can lead to liability if someone is injured as a result.
Breach
A second element required for negligence is a breach of duty. Breach of duty is when someone fails in their responsibility towards others by acting unreasonably or failing to act when they should have. For example, suppose an individual knows that there are dangerous conditions on his property and does not take reasonable precautionary measures so as not to cause harm to others. In that case, he may be found liable for breaching his duty of care towards visitors who are injured while on his property.
Causation
Causation is necessary for compensatory damages to be awarded. In other words, there must be proof that the defendant’s negligent actions caused the plaintiff’s injury. For example, if you were driving faster than the speed limit and ran into someone crossing the street, you would have breached your duty not to speed. However, if you were driving at or under the speed limit and ran into someone crossing the street, you would not have breached your duty not to speed.
Damages
The injury element requires an actual injury caused by the defendant’s conduct. This means that your lawyer must prove both causation and damages (losses). However, suppose you are seeking punitive damages. In that case, there may be no requirement for actual physical injury if it is proven that there was intent or malice on behalf of the defendant.
A personal injury can profoundly impact your life, both emotionally and financially, for years to come. When you have suffered the effects of a personal injury sustained at the hands of someone else’s negligence—a slip and fall at a local store or a prescription drug with serious side effects—you should be able to hold that other party accountable. And hiring a lawyer to help you prove the elements of negligence is one way to do it.
