Proving Negligence in Your Personal Injury Case
If you've been hurt in a car accident or on someone else's property through no fault of your own, your personal injury claim will fall under an area of civil law known as negligence claims.
In most ordinary contexts, a person is said to be negligent when he or she fails to act in the way that a reasonably prudent person would have acted under similar circumstances.
"If a motorist ran a red light or if a business, or governmental entity did something that should not have been done, or if something was not done that should have, such as a store owner periodically inspecting its premises for potentially dangerous conditions, they can be considered negligent." says Scott Donaldson, attorney.
To prove a negligence case, an injured person must prove four main elements. The defending party must have owed him or her a legal duty of care and breached that duty, there must have been a causal link between the breach of duty and the accident, and the plaintiff must have suffered actual damages.
If you've been injured by another party's negligence, you have rights. The personal injury attorneys at Donaldson & Weston assist people in many areas of South Florida and will be glad to review your matter for no charge.