How to Prove Negligence in a Personal Injury Case
Personal injury events can happen in a variety of ways, so how to prove negligence in a personal injury case is crucial. Car accidents, medical malpractice, slip and fall incidents, and more can all lead to a personal injury and then a victim filing a claim for compensation. The key to filing a personal injury claim and obtaining compensation is compelling evidence that the party you are filing your claim against was negligent in their actions. Without negligence, a personal injury claim will likely not render a plaintiff, the party filing the claim, financial compensation for losses.
Proving negligence in a personal injury claim is essential, but so is communication with the insurance adjuster assigned to your case. Due to the deceitful methods that are used by insurance companies to get victims to give up information that is harmful to their case, it can be helpful to have an attorney on your side when you start the personal injury claims process. Your attorney will have the resources, knowledge, and skill necessary to manage communications with the insurance company on your behalf so that you preserve the strength and value of your claim. Your attorney will also know how to show the critical component of negligence.
For assistance with a personal injury claim in Pennsylvania, the Philadelphia personal injury attorneys at Edelstein Martin & Nelson, LLP offer superior legal counsel and representation.
Demonstrating Negligence in a Personal Injury Claim
Negligence is the term that describes behavior that is unreasonable for the situation and that no other sensible party would engage in under the same circumstances. For instance, let’s say that you get in your car to drive. Reasonable behavior would be following the rules of the road, paying attention to driving and avoiding distractions, keeping a safe distance from other cars, and engaging in safe driving practices. On the other hand, unreasonable behavior would be getting behind the wheel after drinking five or six beers and then sending text messages while driving.
When you are injured by another party, if it is due to their negligence, then you may be able to file a claim against them to have your damages paid for. To prove negligence, there are four things that must be shown:
- The other party had some type of relationship and duty to you. This could be demonstrated in a contractual agreement, or as would be the case in a car accident, shown by proximity.
- The other party had a duty to you but breached that duty.
- The breach of duty to you lead to some type of incident happening.
- You suffered some amount of damages as a result of the breach and the incident that followed.
In some cases, showing negligence is fairly straightforward. But, in other situations, it can be a highly complicated task. Either way, an attorney will know how to establish that negligence happened and how to argue your case effectively.
Speak with an Attorney at Edelstein Martin & Nelson, LLP Today
You can attempt to take on the personal injury claims process alone, but you do not have to. You can have an attorney manage everything on your behalf and have the peace of mind to know things are being done right. Call Edelstein Martin & Nelson, LLP today to schedule a free consultation to discuss your personal injury case at (215) 731-9900. Consultations are free.