Personal injury lawyers know that fault tends to revolve around the concept of negligence. This article will explain what you need to do to prove beyond a reasonable doubt that the other party was at fault for your personal injury accident. The legal expert tells you that you may not be using all of these legal concepts when proving that the other party was at fault.
Duty of care
Personal injury lawyers in Kitchener know that people have a general duty of care or obligation to avoid putting others in danger whenever reasonably possible. This is known as duty of care. There are two questions you will need to answer when trying to prove that the other party is guilty of breaching this duty of care:
● Who did the person owe duty of care to?
● How broad was the duty of care?
Breach of duty: Once you have established that the other person violated his or her duty of care for you, you’re not completely off of the hook yet. You must then prove that the other person failed to act on this duty of care. The result was that you were intentionally put in a dangerous situation.
Personal injury lawyers know that it’s not always easy to establish if the duty of care was breached. This may be easy to do in a speeding case that resulted in a car accident. However, it may not be as easy to do in a labor and delivery case.
What happens if the insurance company and I don’t agree on the value of the damages?
You have three options in this instance. You can either accept the insurer’s offer, you can negotiate further with the insurance company or you can sue the company in court. Of course, you’ll need to justify the reason for your actions with tangible and admissible evidence. This will prove that your car is worth more than what the insurance company says it’s worth.
For best results, take photos of your car before and after the accident. This can be used against the insurance company in a court of law. You’ll need to show these photos to an appraiser to get his or her opinion on your car’s real worth after the accident.The defendant can claim that his or her negligence was not the only cause of your personal injury accident. You do have options in that instance. Your lawyer will tell you that you can rebut by saying that you were still being careful.
Damages
Damages tend to be monetary in personal injury cases and proving negligence is not always easy. As you can see, it’s not always easy to prove negligence in personal injury cases. That’s why you need to hire a good personal injury lawyer to help you get the settlement that you want, need, and deserve.