22 October 2021
 Categories: Law, Blog

If you have been injured by someone else's negligence, it's vital to get help. Negligence can be difficult to prove if there are no witnesses or physical evidence, but an experienced lawyer will bring your case in front of a jury and make them believe that the defendant was negligent. Here are three elements that a negligence attorney may use as proof.

1. Breach of Duty

A breach of duty occurs when someone fails to act as expected, and this failure causes harm or injury – such as death. A negligence attorney can demonstrate how the defendant failed to perform their required duties, explain what those duties were and show why they were important. For example, if a surgeon leaves a patient alone during surgery when standard procedure dictates that someone should always remain with them while under anesthesia, he can be held accountable for breach of duty if the patient dies.

2. Duty of Care

If someone fails their duty of care towards you or your property, they are responsible for all consequences arising from the failure. A duty of care is a legal obligation that requires each party involved in an incident or accident to have the responsibility for exercising reasonable caution at all times so as not to cause injury to others.

A lawyer can help you prove your injuries were caused by someone who failed their duty of care towards you and ensure they're held accountable for their actions. For example, if you were injured in a car accident caused by another driver that was speeding, they'll prove the other party failed their duty of care to drive at reasonable speed. That way, your damages, such as medical bills and lost wages, can be compensated.

3. A Proximate Cause

A proximate cause has more to do with your ability to prove that you were damaged. It needs your lawyer to show some kind of direct link between what happened and how badly you were hurt. If someone else's actions or inactions could have resulted in harm, there's a high chance this element will be met and be considered valid by the court. Although it may be difficult to prove such cases, an attorney will collect enough evidence to show someone did wrongfully cause you an injury.

Proving these three elements of negligence requires professional help. Luckily, through the help of an attorney, you can prove your injuries were caused by negligent individuals. If you've been injured in an accident or medical malpractice, call a negligent attorney today to handle your case.

For more information, contact a negligence attorney like Franklin L. Jones, Jr.