Legal Theories That Relate To Negligence

Normally, a demonstration of evidence manages to highlight any evidence that one particular party should be blamed for the events that contributed to the occurrence of a given car accident.

How would a personal injury lawyer define negligence?

Negligent behavior is conduct that displays the possession of a careless and neglectful attitude. That attitude might cause the negligent individual to carry out an illegal or unwise act. In other words, it could push someone to do the wrong thing. On the other hand, the same attitude might overcome a person’s desire to do the right thing. The person with such an attitude would fail to see the reason for acting in the manner that would be generally acceptable.

Elements that prove negligence

Personal injury lawyer in Northbrook knows that proof that the individual being charged with negligence had a duty of care towards the claimant or plaintiff. While most drivers share the same duties, there are some drivers that have an additional duty. Sometimes a driver’s medical history causes mention on the driver’s license of a dependence on a medical device, or some device within the driver’s vehicle.

Evidence of a breaching, with respect to one of the defendant’s recognized duties: This should be linked to the 3rd element.

Proof that the defendant’s breach caused the claimant or plaintiff to get harmed. It should be obvious that the recognized breach caused some degree of harm to another individual. A speeding car might not be able to stop in time, and could, thus, cause an accident.

If the owner of a vehicle did not keep it maintained, then one of that vehicle’s parts might malfunction, and, thus, cause an accident. By the same token, a driver that had failed to acknowledge another driver’s right of way might have contributed to an accident’s occurrence.

The fourth element addresses any issues that would concern how seriously the plaintiff or claimant had been harmed. This is the 4th and final element: The plaintiff had suffered measurable losses, due to the harm that had been inflicted by the defendant. Those car owners that had hoped to get compensated for a minor level of vehicle damage should expect to have their cases heard in what some refer to as People’s Court. Those with a measurable loss could consider filing a lawsuit in a criminal court.

Suppose that an accident victim could not produce proof of all 4 elements; what would happen then?

In that instance the court might not agree to a filing of that particular case. The victim would have almost zero chance for winning such a case. If the victim had gotten started with a decent amount of evidence gathering, then he or she could plan to seek out further evidence.

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