In personal injury cases, the client can use negligence to establish another person's fault in the accident. Establishing negligence is dependent on a breach of duty of care. A person has a duty of care to avoid causing harm to others. If a person is negligent in a situation, breaches duty of care, and causes an accident, then he can held responsible for the client's injury. The client will need to establish exactly how the other party was negligent. Negligence can be explained through actions taken or not taken in order to cause the accident in question. 

Types of Claims

In personal injury cases, the circumstances surrounding each situation are different. 

Some examples of negligence include:

  • A car accident in which Driver A is texting, runs a red light and hits Driver B. Driver A did not keep his eyes on the road. He has breached his duty of care as a safe driver.  He did not take action to remain focused on the road causing the accident and injuring Driver B. 
  • Negligence can be found in some medical cases where the patient was not provided proper care. This patient's condition could have worsened because of Doctor A not taking the proper action. If the client could prove that other doctors could have performed a procedure differently than Doctor A, it is possible to prove a breach in duty of care.
  • A retail store/business could neglect to mop water or place caution signs causing a customer to slip and fall. The injured customer could try to prove negligence in customer safety. 

Types of Cases

In a personal injury claim, a client would need to provide the following to prove that the other party has breached duty of care:

  • An official report from a police department, hospital, or security footage
  • Testimony of eyewitness
  • Testimony of the injured party
  • Vehicle damage, bodily harm
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If you have been affected by unfair trade practices and believe you have a unfair trade practice case, please contact Scarritt Law Group today.