San Diego Personal Injury Attorney
Proving Negligence in a San Diego Injury Claim
Proving negligence is the key to winning a personal injury lawsuit, and at our San Diego law firm we recognize this and apply our experience and resources accordingly. When you involve a
lawyer at our firm to handle your case, you can count on the fact that we will do everything in our power to seek a positive case result on your behalf.
Negligence is best defined as a failure to act with reasonable or proper caution or care in the circumstances. For example, the driver of a car has a duty to obey traffic laws and reasonably watch out for the safety of other drivers on the road,
pedestrians,
cyclists, etc. If a driver is careless and backs out of a parking space without looking and hits a pedestrian and injures him or her, this may be considered negligence and the driver may therefore be held accountable in civil court for the pedestrian's injuries. This is just a basic example of how negligence relates to personal injury claims.
How can negligence be proven?
Negligence is the primary grounds upon which personal injury cases throughout the U.S. are filed, and in a case of this kind the plaintiff (the person who has been injured or a representative thereof) must prove that the defendant (the person or entity being sued for damages) was negligent. This is accomplished by proving the following:
- The defendant had a duty of care toward the plaintiff.
- The defendant breached that duty.
- The plaintiff was injured and this injury occurred due to the defendant's breach of duty.
- The plaintiff suffered quantifiable injury and should therefore receive compensation.
It is important for your injury attorney to have the proper resources and training to fully investigate your claim and then build evidence of the defendant's accountability. To find out how we can help you, schedule a free consultation and we will answer your questions and address your concerns.
Contact a San Diego personal injury lawyer today to see how proving negligence can win your case. |