Accidents tend to happen for a reason. Someone has been negligent. Following a collision, the hit driver has the right to see compensation from the motorist that was at fault.
What is negligence?
It is careless or neglectful behavior. Someone that has exhibited such behavior has acted in a thoughtless manner. All drivers are expected to demonstrate care, when they have been placed in control of a motored vehicle. Hence, drivers that are not careful can be charged with negligence.
The 4 elements of negligence
The defendant had a duty to demonstrate a decided but reasonable level of care towards those that were present at the time of the accident.The defendant failed to carry out that duty. It could be that the failure concerned the absence of what would be viewed as a reasonable and expected action. Alternatively, it could be that the failure concerned the performance of an unreasonable action.
The defendant’s failure to carry out his or her duty caused the plaintiff to become injured. The defense team could try to show the absence of this particular element. It might suggest that the plaintiff’s own actions made the injury worse.The plaintiff suffered a measurable loss, as a result of the sustained injury. Evidence of pain and suffering can add to the extent of a given loss. A disruption of the plaintiff’s lifestyle counts as pain and suffering.
The relevance of the 4 elements of negligence
In a personal injury case, the plaintiff must show that the defendant was negligent. Plaintiffs that fail to demonstrate an existence of all 4 elements have no hope for winning their case. That is why the defendant’s defense team works hard to dispute the plaintiff’s charge of negligence as per Personal Injury Lawyer in Cambridge.
That team studies the plaintiff’s medical records. It looks for any evidence that the plaintiff aggravated his or her injuries. In addition, it might check to see if the plaintiff had a pre-existing condition. Then it might suggest that the same condition helped to make the plaintiff’s injury worse.
Plaintiffs are supposed to use care towards themselves, as well as towards others. A defense team might try to suggest that a plaintiff with a pre-existing condition had not demonstrated the proper level of self-care. The plaintiff’s lawyer could fight that defense strategy by using testimony from a medical expert.
By the same token, the defense team might use a medical or economic expert. Testimony from one or both experts might help that team, if it wanted to allege that the plaintiff had not suffered a measurable loss. That could be the case, if the plaintiff’s lawyer had alleged that his or her client had lost the opportunity to earn any future income.
