Every Injury Lawyer in Cambridge worth their money will know of the importance of laying out the facts during the investigation of your case. Without considering the surrounding circumstances, a case will never be built on a solid base. The goal of the investigation is to determine fault, and in some cases, the result will be that the injured themselves is partially, or even fully, to blame for causing the accident that left them injured.Since these cases aren’t outliers, the law has provided personal injury lawyers with a set of rules to follow in such situations.
That is why it is important that you work with a lawyer instead of trying to self-represent your claim. Most often, the insurance companies low ball you or deny the claim which is not in your favor.
The Building Blocks of Negligence
Whether you are operating a motor vehicle, walking the streets, or spending time at your workplace, you are always carrying a certain degree of responsibility to your fellow members of the public. This is what is referred to as the standard of care.
The most common example for this is that of a driver. While you are driving, the standard of care you owe to fellow motorists, pedestrians, and cyclists, is to obey all traffic laws, and remain in control of your own vehicle. This should be something you don’t need to be told, but rather something you are instinctively aware of as a human being with common sense and empathy.
Regardless, the standard of care is what is used in order to prove people guilty of negligence, since the basis of negligence is the violation of the standard of care. However, there is more to it. Proving somebody guilty of negligence requires evidence of these four elements:
• The defendant was in a position in which they owed a duty of care to the plaintiff
• This duty of care was breached by the defendant
• The plaintiff sustained an injury or financial loss
• This injury or loss was caused by the defendant’s breach of duty of care
The idea of negligence is also discussed a lot when it comes to slip and falls during the cold season. This is because property owners have a duty to shovel and salt their sidewalks within 12 hours after snowfalls in order to protect residents from injury. Thus, in the event of a slip and fall, the plaintiff may be in a position in which they can prove a property owner guilty of neglecting their duty to clear the sidewalk on time.