Personal injury law exists to help accident victims claim compensation for damages that were caused by someone else’s negligence. But sometimes, proving that the other party was negligent is not as straightforward as it might seem. Let’s take a closer look at what you need to know about personal injury.
How to Prove Negligence
To prove that someone else was responsible for an accident, you must prove negligence. To do so, HG.org explains that you must prove the following:
Types of Negligence
In most personal injury cases, the issue of fault hinges on a legal concept known as “negligence,” and more precisely, on the four key elements of a negligence claim: duty of care, breach of duty, causation, and damages, according to AllLaw.
A duty of care is an obligation to avoid injuring someone else or placing them in the path of danger. In most cases, every person has at least some duty of care toward others. In some situations, determining the duty of care is difficult because there are no laws that spell out how a person should act. That’s where a personal injury attorney comes in!
First, it’s essential to recognize that there was a duty of care involved in an injury situation. Then, the question becomes: who owed the duty of care? If the person (or party) failed to live up to the duty of care, the law calls that person’s actions “negligent,” or careless. In some cases, determining whether the duty of care has been breached isn’t too difficult. For example, when a speed limit is posted, the duty of care involves observing that limit.
While some situations involve a clear duty of care breach, others are more vague when the duty isn’t an “all or nothing” proposition.
Usually, once you have shown that someone has breached a duty toward you, you have established that person’s legal responsibility for your injuries. But in some circumstances, the other person may claim that even if he or she was negligent, that negligence was not the cause—or not the sole cause—of the accident.
“Damages” refers to the physical and emotional injuries, property damage, and lost income someone suffers as the result of an accident. When it comes time to negotiate a settlement, the amount of money you want as compensation for your damages will be the main point of contention. According to Enjuris, personal injury damages may include compensation for medical expenses, lost wages, pain and suffering, disability, property damage, and emotional distress.
The Specifics of Establishing Fault
Once the duty of care is established, it’s time to work with an attorney to establish exactly how the defendant violated that standard of care.
In the example of a car accident, fault can be established by:
It’s also possible that your own conduct may have played a role in causing your injuries, alongside the negligence of the other party. In these cases, an attorney can help prove that even while you might have contributed to the accident, the majority of the damages were caused by the other party’s negligence. In these cases, your total compensation or damages award will be reduced by an amount equal to the percentage of your fault in causing the damages. That’s the rule in Mississippi. However, in a few other states, if you’re found to be even one percent to blame for causing the accident, you won’t be able to collect any damages at all from other at-fault parties.
Do You Need an Attorney for All of This?
Whether you contributed to any of the damages or not, LegalMatch recommends that it is in your best interest to consult with a knowledgeable and skilled personal injury attorney. An attorney can guide you through your case and will help you understand if there are any defenses available given your specific circumstances. Common defenses to negligence may include contributory or comparative negligence, or assumption of risk. Additionally, a personal injury attorney can help gather facts, witnesses, and experts, all while navigating the specific Mississippi personal injury laws.
Heilman Law Group, PA
4266 I-55 North, Suite 106
Jackson, Mississippi 39211