When you or someone you love gets hurt in an accident caused by someone else’s careless or harmless behavior, you may be wondering whether you should consider filing an accident claim. You may be wondering specifically if you have enough evidence to prove that the other person was at fault for the accident, and you might be pondering what exactly you will need to show in order to win your case.
Anytime you believe another party is at fault for a serious accident involving injuries, you should speak with a Cleveland accident lawyer about your options. While some types of accidents and injuries might not result in a claim, many do lead to claims and financial compensation. I can look closely at the facts of your case and discuss a plan for moving forward.
Elements of a Negligence Claim After an Accident
Some types of accidents will result in an immediate auto insurance claim. For example, many car crashes and truck collisions that result in serious injuries are followed by insurance claims. In some instances, an injured person will be able to get what she needs from an insurance company. However, many auto accident victims still need to file a lawsuit in order to obtain the full amount of compensation to which they are entitled. Many other types of accidents do not begin with insurance claims, but rather start with a civil lawsuit.
When you file a negligence claim after an accident, the specific elements you will need to prove will depend in part on the type of accident and the particular facts of your own case. Generally speaking, however, I can tell you more about the common elements of a negligence claim for accident-related injuries. Those elements typically include the following:
- Duty of care: The person you are suing owed you a duty of care;
- Breach of the duty: The person who owed you a duty of care breached that duty of care, which usually means that the person behaved in a negligent way;
- Causation: The person’s negligence caused your injuries; and
- Damages: Your injuries were such that you suffered damages (or losses).
What is Negligence?
What constitutes negligence? In other words, what does it mean when someone breaches a duty of care by behaving negligent?
Generally, negligence means that the defendant failed to act as a reasonable person would have under the same circumstances. In the case of medical malpractice, however, negligence is usually a bit different. For most medical malpractice lawsuits, negligence means that a healthcare provider in the same medical field and geographic region would have behaved differently under the same or similar circumstances and would consider the defendant’s behavior to be below the standard of care that patients deserve.
Contact Me for Help with Your Accident Claim
When a person is not careful and makes a mistake that results in an accident, other people often are the ones who end up suffering serious injuries. By filing an accident claim, I can help you to seek the compensation you deserve. From workplace accidents caused by third parties to car crash claims involving distracted drivers, you should know that I will do everything I can to fight for your right to compensation. When it comes to holding negligent parties accountable, I’ll Make Them Pay!® Do not hesitate to contact me today. You can reach my office by phone at 877.944.4373.