There are numerous ways an accident can happen. Some accidents can be due to a person’s own wrongdoing, while others can be the result of another party’s negligence. When a person becomes injured because of another party’s behavior, it is known as a personal injury accident. These accidents have the potential to cause severe injuries that can impact a person for the rest of their life. When this happens, the injured party often wants to hold the negligent party liable. This can be done through a personal injury lawsuit.
It is important to know that, when pursuing legal action, the injured party is required to prove the other party’s negligence. This can be done by satisfying the burden of proof with evidence that backs up their claim. This evidence must show the individual breached their duty of care, thus directly causing the victim’s injuries. This can be done through the following steps:
Proving A Duty of Care Existed
In order to hold someone liable for negligence, they must understand why that party had a duty of care. If the accident happened because of hazardous property conditions, the owner of that property can be held responsible. This is because property owners in Pennsylvania have an obligation to make sure their grounds are safe so that others are not injured. If they neglect to do so, the injured party can hold them liable through premises liability laws.
Accidents can also occur due to a defective product. If a mistake is made or corners are cut during the production of an item, it can malfunction and cause severe injuries to those using it. In these situations, injured parties can hold the manufacturer of the item liable through product liability laws.
Prove the Duty of Care Was Breached
When the individual’s duty of care is proven, the injured party must then show how it was violated. Evidence that can be used to do so can include:
- Incident reports
- Eyewitness testimony
- Expert witness testimony
- Surveillance footage
- Chemical test results
- Pictures or videos of the scene
In order to have a successful case, the injured party must be able to show how the other party’s breach of duty caused their injuries. This can be achieved by demonstrating how the accident occurred in addition to how their injuries, losses, and damages stemmed from this.
If the injured party proves negligence, they may be able to receive financial compensation from the negligent party. This exists to provide coverage for the damages incurred due to the accident. With this, the injured party can focus on recovering from their injuries instead of worrying about affording certain costs. Damages that can be recovered can include the following:
- Medical bills
- Lost wages and benefits
- The loss of future earning capacity
- Physical therapy
- Occupational therapy
- Court costs
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Friedman Schuman is an experienced and dedicated legal resource for clients throughout Pennsylvania. We proudly serve clients facing a wide range of legal matters. If you require the services of an effective attorney, pleasecontact Friedman Schuman today to schedule a consultation.