By Anyone can get into an accident at any time. For example, a person may slip and fall on a wet floor. A car can bump into another vehicle. A surgeon could make a bad incision. A worker may have an accident while on the job. A dog may bite a passing stranger. They can result in bodily injuries and property damage. Someone has to take responsibility for what happened so that the victim can receive proper compensation. Personal injury law for accidents have specific provisions on how to resolve these situations. The laws vary from one state to another although there are general themes that tie them all.
Negligence
The injured person can file a lawsuit to force a party to pay for damages. Before the court rules in his favor, he has to prove that there was negligence on the part of the accused. For example, the employer may have neglected to maintain the equipment that cause the accident of his employee. He may be liable for the dangerous malfunction. A driver may have been speeding when he hit another car which resulted in injuries to the passengers. He neglected to follow the speed limits and others paid the price.
Duty
There should be an established duty on the part of the accused to provide care for the injured party. This is a clear relationship in the case of doctors and their patients. People expect medical professionals to give them the right diagnosis, the right treatment, and the right dosage. The duty is also established in an employer-employee dynamic. Employers must see to it that their workers are in a safe space by following standards and protocols. As for owners of commercial spaces, they have the duty to keep their patrons safe while shopping, dining, and using their facilities.
Damage
The victim should prove that he sustained damage. This is why getting a medical checkup in essential following an accident. There should be verifiable records that injury was sustained. After all, things move slowly in the legal system. The injuries may have already healed once the case reaches the court. As long as there are lab tests and doctor’s testimonies, the case will remain strong and compensation can still be obtained. The court will see the extent of the victim’s suffering and come up with a fair amount.
Cause
The damage must be linked to the accident. One of the possible defenses is that the victim got the injuries from a prior incident. The evidence should counter this in a convincing manner. It may be clear from the nature of the wounds that they came from a certain kind of impact and not another. The timestamps on the medical records will also bolster the victim’s claim.
Settlement
Most cases have clear facts. The case is so strong that the parties can readily agree about fault, negligence, and damage. The liable party is often willing to pay just so the matter can be put to rest and everyone can move on. Lawyers of both parties can discuss settlement terms. These usually include immediate compensation, but at amounts that are much lower than what the victim could have obtained in court. It is up to each person to weigh the pros and cons of accepting the offer.
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