Whether it’s a car accident, boating accident, slip-and-fall accident, work-related accident, etc., many personal injury cases are caused by the negligence of someone. But what exactly is negligence, and how do you prove it? Generally, a person will be deemed to be negligent if he or she failed to exercise the standard of care that a reasonable individual would have exercised in a similar situation or circumstance. Due to the fact-intensive inquiry necessary, in most cases, negligence is determined on a case-by-case basis.
If you were injured by a negligent party, you may be entitled to financial compensation. The Louisiana personal injury lawyer at The Law Offices of Philip B. Adams can help.
How Do You Prove Negligence?
To prove negligence, a plaintiff must first establish that the defendant owed him or her a duty of care. Second, the plaintiff must establish that the defendant breached that duty by his or her actions or inaction. Third, the plaintiff must show that the defendant’s breach of duty was the cause, in fact, of the plaintiff’s injury. Basically, that means that the plaintiff must establish that the injury would not have happened but for the defendant’s breach of his or her duty. In addition to showing the defendant was the cause in fact of the injury, the plaintiff must also show that the defendant’s breach caused the injury and not something else. Fourth, and finally, the plaintiff must establish that he or she was injured and suffered a loss of some sort.
For example, let’s say you are stopped at a red light when someone rear-ends you. In order to prove that the driver that rear-ended you was negligent, you must show that the driver had a duty to stop before hitting you or that the driver owed some other duty. You must show that the driver breached that duty when he or she failed to stop prior to hitting you. You must establish that your injury would not have happened but for the driver’s failure to stop. Additionally, you must show that the driver’s failure to stop caused your injury as opposed to something else. Finally, you must establish that you were injured and suffered a loss.
This is just one example of how a plaintiff would go about establishing negligence in a car accident case, but there are many more. The details matter, and establishing negligence is no simple task if you do not have the proper training and know-how. But fear not! A good personal injury attorney can review the facts of your accident and determine whether you have a case. Moreover, he or she can help guide you through the process of establishing negligence, if necessary.
Call A Louisiana Personal Injury Attorney Today!
If you or a loved one has been in a car accident or any other accident that you believe occurred because of the negligence of another, we are here to help. The lawyers at the Law Offices of Philip B. Adams are experienced Shreveport personal injury attorneys. We can help you assess your negligence claim and your potential damages.
We are located in Shreveport, Louisiana, and we represent clients throughout the state of Louisiana. If you want to learn more information about our firm, you can contact us at 318-230-7199 to set up a consultation.