The driver of an impacted vehicle should consider these questions: Was the liable driver negligent? Did that negligence cause the accident-related injuries? If both questions have a “yes” answer, then the same driver needs to learn about the elements of negligence.
The 3 most basic elements of negligence
The defendant had a duty of care. The defendant should not assume that the duty only applies to a narrow window of situations. In a trial, the judge in the courtroom could suggest the existence of a broad range of tasks, within a specific duty. The defendant chose to breach that duty. The defendant failed to take reasonable steps, in order to keep others safe, after inviting circumstances that threatened their safety. Sometimes, the defendant has failed to discontinue the performance of an unreasonable action.
If the plaintiff also breached a duty, then there would be shared fault. That would affect the size of the damage award. What damages could the victim claim? Had the victim suffered physical or emotional harm? Was any of the victim’s property damaged? Did the accident lead to a loss of income, or a loss of opportunity?
The significance of the damages
The court usually considers a 4th element of negligence. It wants proof of the fact that the declared damages are measurable. In order to measure the extent of some losses, it might be necessary to hire an expert. For example, an economic expert could help with judging the value of lost future income. By the same token, an economist might help with determining the value of a lost educational or vocational opportunity.
The Injury Lawyer in North Bay will do a complete evaluation of lost future income, or a lost opportunity might also require an analysis of input from a medical expert. For example, it could be that the prescribed treatment for a head injury was a surgical procedure. If that were the case, then it could be possible that the patient/victim might need further surgeries in the future.
Consider the challenges facing a worker that needs to schedule a surgical procedure on a recurring basis. That need could pose problems, if an employer failed to provide satisfactory health insurance. Indeed, an employer might even demote or fire such a worker. That would lead to creation of a gap in the worker’s resume. The existence of that same gap could prove a problem, during an effort to find a new job. Those are the sorts of considerations that should be made by the attorney of someone with a serious and long-term medical condition.
It helps to seek an attorney that has worked with similar clients in the past. In that way, any of the victim’s damages should get measured in a satisfactory manner.