What is Negligence
When someone files a lawsuit in Irvine, it is generally because someone’s actions have caused injury, property damage or some form of distress. These actions may either be willful, meaning the at-fault party deliberately caused harm to the injured party, or negligent. The latter descriptor being more common in personal injury cases in Irvine.
Experienced Irvine personal injury lawyers will attempt to uncover for their client how someone’s negligence that caused them injury can be proven in a court of law.
In Irvine, negligence is the failure to provide reasonable care, resulting in injury or damage to another. Examples include reckless driving, failing to secure a guard dog (or post visible warnings of said dog), or failing to put salt in an icy walkway.
Often, when such inaction results in injury to another, a person may be sued for negligence. To do so, however, it is important to speak with an experienced Irvine personal injury attorney, who can help establish that the at-fault party was, in fact, negligent.
Steps to Prove Negligence
To prove negligence in a personal injury case, an injured individual and their personal injury lawyer will work to establish three criteria:
- That the defendant had a duty to take reasonable preventative measures against injuring the plaintiff
- That the defendant failed to fulfill these preventative measures
- That this failure resulted in injury or property damage to the plaintiff
Each case is unique and as such, there are many ways someone and their knowledgeable personal injury lawyer may go about proving these facts. Below are a few useful steps a person can take to prove negligence in an Irvine personal injury case:
Seek Medical Attention
This is important for their health and to avoid aggravating any injury they may have sustained. In addition, however, it provides clear proof of their injuries so they may receive adequate compensation for medical bills, lost wages, etc. They should be sure to ask for copies of the test results and any medical records.
In the age of the camera phone, photographic evidence plays a bigger role than ever in Irvine’s personal injury cases. If someone is able to, they should take photographs of the scene of their accident. This is an excellent way to illustrate that the defendant failed to take the necessary safety precautions. Photographs of the icy driveway, the dilapidated road, or an obscured warning sign can be instrumental in proving negligence
Speak with a Lawyer
Someone who understands the nuanced complexities of the law will be their best asset in a personal injury case. This is instrumental in meeting the first criterion. Someone’s attorney can establish what responsibilities legally fell on the defendant and which of these they failed to fulfill
Contacting a Defense Attorney
If you believe a person or organization’s negligence led to your injury or property damage, you owe it to yourself to get help. Do not let legal issues, medical bills, and emotional stress overwhelm you and cause you to miss what you deserve.
The first step in obtaining compensation is answering: what is negligence and how do you prove it? Work with an experienced Irvine personal injury lawyer to better understand the nuances of your case, prove negligence, and achieve the best outcome possible.