Negligence cases are extremely popular. The legal argument called ‘negligence’ is used to prove that one party’s inability to act (negligence) caused the victim’s injuries. For such arguments to stand in courts, certain factors need to be addressed. These factors or criteria are called ‘elements of negligence.’ Five such elements need to be proven in court to win a case based on this legal argument. The five elements are – duty, breach of duty, cause, in fact, proximate cause, and damages. When assessing negligence cases, judges and juries look at these elements. They study the facts, evidence, witness testimonies, and the arguments made by the plaintiff’s Personal Injury Lawyer in Windsor. All these elements have to be met for a positive judgment.
What is Duty?
Duty is a responsibility that one citizen has towards another citizen. But, this responsibility isn’t always looming on every one of our shoulders! It’s entirely circumstantial! For instance, if a homeless man dies after eating harmful leftovers from your trashcan, you have no duty towards him. However, if one of your guests suffers from food poisoning because of your food, you are responsible. Determining whether or not an at-fault party had a duty towards the plaintiff isn’t too difficult for a Personal Injury Lawyer in Windsor. Victims must always consult their attorneys to determine whether they have a valid case before jumping the gun and filing a lawsuit.
What is Breach of Duty?
The law has to recognize the connection between the plaintiff and the defendant. If this connection obliges the defendant to act ‘dutifully’ in certain scenarios, the law will be on the plaintiff’s side. Then, the defendant can be held responsible for ‘breaching’ his or her duty towards the plaintiff. Another aspect of duty is reasonable care. For instance, all car drivers have to act reasonably to protect fellow drivers and pedestrians. Even though an at-fault driver doesn’t know the other drivers on the street, there’s a line crossed because of irresponsible behavior on the streets. These two aspects of negligence are the most commonly discussed topics in most injury cases. A Top Personal Injury Lawyer in Windsor can determine whether or not there’s been a breach of duty by assessing the evidence and facts related to the case.
Cause in Fact and Proximate Cause
The “cause in fact” element of negligence arguments deals with counterarguments to the injury claims. The jury counteracts the plaintiff’s claims by asking, ‘would the accident or injury still have happened if the defendant acted non-negligently?’. The plaintiff has to demonstrate that the injury happened only because of the defendant’s negligence. Proximate cause is another element of negligence claims that assesses the scope of the damage. Did the defendant foresee that his/her actions would cause so much damage? If not, the judge and the jury may act leniently.
Lastly, the plaintiff and his/her attorney have to prove that the defendant’s negligence not only caused an accident, but also that the accident resulted in physical damages. A Top Personal Injury Lawyer in Windsor won’t hesitate to hire experts (e.g., accident reconstruction experts) to prove that the defendant’s negligence did cause measurable damages. For more information visit here: EBIL Personal Injury Lawyer