If an injured accident victim were to try pursuing a personal injury lawsuit, that same victim would need to demonstrate the existence of a case that had all the essential elements of negligence.
Did the defendant have a duty of care towards the plaintiff?
At the time of the accident, was the plaintiff where he or she belonged?
Were there any specific expectations on the defendant? That would be a logical question, if the defendant had been recognized as a professional.
Did the defendant breach his or her duty towards the plaintiff?
• Had the defendant failed to exercise reasonable care?
• Had the defendant been careful, when carrying out a necessary act?
• Had the defendant failed to perform a required action, such as fastening a seat belt, or wearing a protective device, such as a helmet?
Could the plaintiff prove cause in fact?
Injury Lawyer in North Bay knows that the proof of cause in fact would mean that were it not for the defendant’s action, the plaintiff would not have suffered injuries. If the plaintiff’s own actions contributed to his or her injuries, then he or she could be charged with comparative negligence or contributory negligence. However, it is based on the skill of the plaintiff’s lawyer to be able to bring the evidence and proof that the defendant was guilty. That is why it is essential to work with an experienced lawyer that has handled such cases in the past.
Could the defendant have foreseen the harmful effects of his or her actions?Usually, the defendant should have been in proximity to the plaintiff, in order to satisfy this particular element of negligence.
The full extent of damages should have caused the plaintiff to suffer some type of loss. An injury counts as a loss. Any loss must be measurable, in order for it to be counted as the source of actual damages. Whether it is loss of property, physical and mental trauma or other losses, it can help to consult with a lawyer to calculate the amount of damages that you are entitled to receive.
What could happen if someone that hoped to initiate a personal injury lawsuit could not provide the court with proof for the existence of all 5 elements of negligence?
If that were to be the case, then the court would not agree to file the submission for a lawsuit. That provision represents an effort to protect defendants. A plaintiff would find it hard to make up some sort of charge on somebody, and also produce evidence to support the required proof. That is one of the reasons that working with a lawyer is essential.