Someone that has been negligent has carried out actions that demonstrated a careless and neglectful attitude. The knowledge that someone was careless can serve as a clue that the same individual might be charged with negligence. Still, it is necessary to offer further evidence, in order to make a personal injury claim.
What does it mean to show the harm caused by negligence?
When representing the plaintiff in a personal injury case, the Car Accident Lawyer in Waterloo must show the presence of 4 different elements. Only by proving the presence of those 4 elements can that particular lawyer hope to convince a jury that the defendant’s negligence caused harm to the plaintiff/client.
What are the 4 elements that need to be proven?
1) The fact that the defendant had a duty of care towards the plaintiff: That means that society expected the defendant to demonstrate a certain level of care towards the plaintiff. Sometimes a special relationship exists between two people, one that introduces some added expectations, in terms of care.
2) The fact that the defendant breached his or her duty of care. It could be that the defendant’s actions did not match with the actions that would have been taken by a reasonable person, in the same situation. On the other hand, it could be that the defendant’s failure to act seemed like an unreasonable response to the existing circumstances.
3) The fact that the defendant’s actions caused the plaintiff’s injury. This can be the most difficult element to prove. Providing an acceptable proof involves showing the level of foresight of the defendant. The plaintiff’s lawyer must show that such foresight allowed the realization of the almost inevitable consequences of a careless and neglectful act.
4) The fact that the plaintiff suffered pain and other damages, as a result of the act performed by a negligent individual (the defendant). A financial loss would qualify as a measurable damage. Payment of medical expenses could create such a loss; so, could confrontation with a future in which it has become almost impossible to earn a living.
What happens if a plaintiff cannot produce proof of all 4 elements?
If the court determined that those proofs had not been demonstrated, then the court would not allow continuance of the plaintiff’s personal injury case. That regulation reduces the need for judges and other courtroom staff to spend their time handling a frivolous lawsuit.
Sometimes an accident victim that has sustained only decidedly minor injuries tries to sue the person that is responsible for that injury-causing incident. Sometimes an insurance company has chosen to challenge the evidence of measurable harm, because the victim has complained about ongoing pain, but has failed to prove the pain’s existence.