People generally expect to be reasonably safe as they go about their daily routines. But unfortunately, an accident can happen in the blink of an eye. From dog attacks to slip and fall incidents to motor vehicular accidents, any serious accident can cause pain and suffering, as well as financial losses. But you shouldn’t have to pay for someone else’s mistake. Contact the Minden personal injury lawyers at Bart Bernard Injury Lawyers to learn how you can hold the negligent party responsible for your losses.
Understanding the legal definition of negligence
The existence of an injury isn’t the sole basis for a personal injury lawsuit. There must be an element of negligence involved. The legal definition of negligence is the failure to exercise the same degree of care that another, reasonably prudent, person would exercise under similar circumstances. In other words, it’s a deviation from the generally accepted level of care or precaution.
As an example, someone might stop at a red light, put on the right-hand turn signal, look to the left to evaluate oncoming traffic, and then execute the right-hand turn. At first blush, this person seems to have exercised all the reasonable precautions. But if the driver made the right-hand turn right in front of oncoming traffic, that driver could be considered negligent if the oncoming car cannot stop in time to strike the negligent driver’s vehicle. That driver might also be considered negligent if local traffic laws forbid right-hand turns on red lights at that intersection.
How personal injury lawyers prove negligence
Personal injury lawyers will evaluate all available evidence in order to prove negligence in court. A negligence case rests on five elements:
The first element, duty, requires the lawyer to prove the defendant owed a duty to exercise reasonable care to the plaintiff. For instance, every driver owes a duty of care to every other driver on the road. Next, the lawyer must prove the defendant breached that duty by failing to exercise reasonable care.
Cause in fact means the lawyer must prove that, but for the defendant’s actions, the plaintiff would not have been injured. Proximate cause means that the defendant’s negligence caused the plaintiff’s injuries. The personal injury lawyer can prove the fifth element, damages, by demonstrating that the plaintiff suffered losses as a result of the defendant’s negligence. Losses can refer to financial losses, such as lost wages and medical expenses as a result of the injury. Damages may also be available for non-economic losses as well.
Get the legal advocacy services you need in Minden
Bart Bernard Injury Lawyers are available to provide effective legal advocacy services for individuals who have sustained serious injuries and other losses as a result of someone else’s negligence. Our Minden personal injury lawyers offer free case consultations and there’s never a fee unless we secure compensation on your behalf. Our award-winning law firm goes the extra mile for our clients because we firmly believe no one should have to pay for the negligent and reckless actions of others. Call to schedule your free consultation.
Hit Hard. Get Bart Bernard. ™