How Important Is Negligence in a Personal Injury CaseUpdated on Tuesday 28th February 2017
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When sustaining a personal injury and filing a lawsuit against the party who is presumably at fault, it is important to prove why the latter is guilty. Some personal injuries are caused by negligence, however, one cannot simply say the other party was negligent and did not do their job, but the case must be supported by proper evidence. That is why hiring Los Angeles personal injury attorneys is recommended.
Negligence due to the breach of duty in a personal injury case in L.A.
In order for the victim to understand how important proving negligence is the main reason for their accident, our Los Angeles personal injury lawyers will explain there are several situations which can lead to negligence. The duty of care and the breach of this duty is the most important.
Depending on the personal injury, the duty of care must be exercised by a producer, distributor, retailer or any other party to make sure that no one gets hurt because of their products or actions. In a personal injury lawsuit, it is important to show that negligence caused by the breach of this duty is the main cause of the accident. The breach of duty can be proved by showing that the party at fault acted improperly or did not act at all when the accident happened.
The elements of a negligence claim in Los Angeles are:
- - the duty;
- - the breach of this duty;
- - the negligence harmed the victim (causation);
- - the damages inflicted because of the negligence.
Establishing it was negligence that caused the personal injury
There are many types of cases our Los Angeles personal injury lawyers deal with all the time. Depending on the accident, there are various ways of proving the negligent behavior caused harm to the victim. The most common cases in which negligence is at fault are:
- - slip and fall accidents in which the lawyer can demonstrate the owner was negligent and did not ensure the safety of the clients;
- - defective and dangerous product personal injuries in which the attorney must prove that the seller, the producer or distributor did not exercise their duty of care;
- - medical malpractice injuries are also some of the most common cases which imply negligence.
Our L.A. personal injury attorneys can establish negligence is the main cause of the accident by gathering evidence, by proving the defendant broke the law or by calling witnesses to the scene, if it is the case.
If you are the victim of a negligence case and need legal help, please contact our Los Angeles personal injury attorneys.