Whether you have recently become injured in a car accident or a slip-and-fall, the results can be devastating. Medical bills can quickly add up, and it can be impossible to pay if you’re stuck in the hospital or otherwise debilitated. If you’re seeking compensation, there are five signs your injury or property damage was due to someone’s negligence, and you must be aware in order to best present your case.
1. Duty
The first step is to prove the defendant owed you a duty. For example, your doctor owes you the duty of providing you with proper medical care, and your landlord has certain obligations in regards to the upkeep of his property to keep you safe.
2. Breach of Duty
Once a duty is established, you must prove that the defendant acted in a way in which a rational person would not have. In the example of your doctor, the judge or jury must decide if they were aware of the potential consequences of their actions and knew there were safe alternatives.
3. Causation
You will also have to prove that, due to the breach of duty, the injury was directly caused. For example, if an individual is being negligent by running a red light, that incident would not be to blame for an accident that occurs several blocks down the road. If you are unsure of the chain of causation in your accident, ask personal injury attorneys in Portland or your specific area for legal advice.
4. Proximate Cause
If the defendant could have reasonably predicted the results of their actions, it should not be difficult to prove proximate cause. For example, if rat poison stored in a cabinet at a restaurant explodes and an employee is injured, the negligence exists in the fact that food could have been contaminated, not that the can exploded.
5. Damages
The final sign that your injury was due to someone’s negligence is a physical injury to a person or their property. Even if the defendant indeed was negligent, if the action did not result in actual damage, it will be difficult to prove that monetary compensation should be awarded. This makes bringing proof of medical care or property repair crucial.
Compensation You Need
If you are a victim of negligence, you are entitled to compensation to help you get back on your feet. This transition can be a difficult one, but when you are equipped with the best possible proof, you can be on your way to receiving the financial relief you are so desperately entitled.
*Our content is not intended to provide medical advice or diagnosis of individual problems or circumstances, nor should it be implied that we are a substitute for professional medical advice. Users / readers are always advised to consult their Healthcare Professional prior to starting any new remedy, therapy or treatment. Your Wellness Group accepts no liability in the event you, a user of n-gage and a reader of this article, suffers a loss as a result of reliance upon or inappropriate application of the information.
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