Common Elements of Negligence Considered By Injury Lawyer In Kanata

Posted on

There are a few common elements of negligence that Personal Injury Lawyer in Kanata must consider, while proceeding with the injury claim case. These elements are duty, breach, causation and damages. Each of these elements have its own characteristic features and meaning according to personal injury law. The injury lawyer has to consider all these factors together so that your case has the eligibility to be heard by the judge, jury and the insurance companies. It is required by the law that all these four elements exist in a personal injury claim case or else there will be no negligence or liability of the defendant.

The Element of Duty

The first element that needs to be considered by the Personal Injury Lawyer in Kanata to prove negligence of the defendant is Duty of care or Duty or reasonable care. This is the legal obligation of any individual and even a company to other people so as to avoid any situations that may result in an accident and injury. There are set standards of duty of care that every person or company has to strictly adhere to prevent harms to others. Few examples of duty of care is not to drive while drunk or into the back of another car or to shoot fireworks amidst a crowd or people.

Breach of Duty

The many different duty of care arise on the basis of the common law principles or due to the written codes and statutes. Any variation from these set standards based on the actions of a reasonably prudent person will result in a breach of duty which is another element considered by Personal Injury Lawyer in Kanata to prove negligence. A breach is considered as the violation of the duty and a person resulting in such breach can be held directly responsible for the accident to happen in the first place. In very simple terms a breach occurs when you do something that you are not supposed to do according to the set standards of duty of reasonable care.

The Causation Factor

This is a very complicated element that Personal Injury Lawyer in Kanata has to consider. A simple breach of duty of care may not hold the defendant guilty and liable for payment if there are no harms or personal injury caused to anyone. Therefore, the causation factor acts as a direct link with the breach of duty by the defendant and to the injuries sustained by the plaintiff. For example if you shoot off fireworks in the crowd and no one is injured there is no causation.

The Element of Damages

Supposing that you are injured in an accident, then according to personal injury law, you must establish that the harm is a result of the breach of duty. There has to be direct link of the injuries with the accident. You may be mad at a person’s negligent behavior that may have caused you harm but you did not sustain any injury then you will have no damages. Until and unless there are medical bills and doctor’s report to prove injuries there will be no damages. To read more Click Here


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s