Negligence Claims

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Accidents can happen no matter how careful you are. You can be the most vigilant driver in the world but still be rear-ended by someone who isn’t paying attention to the road in front of them. A resulting injury isn’t your fault in this case, and someone other than you should have to pay for your doctor bills and missed income that results from this type of accident. You never know how long even a minor injury may keep you out of work or how much money you might end up spending on prescriptions and doctor visits. While the first step to any accident is getting to the hospital if you are injured, the next should be securing a personal injury attorney who can help you weave through a complicated legal system. An accident lawyer is extremely …show more content…
A personal injury lawyer will help prove to the insurance company or the courts that you are not responsible for the injury you sustained and they will fight for you to get the money you deserve. It is also easier in some cases to determine just whose fault an accident was depending on the order of events. Courts have created specific tests that can determine legal liability for a case and specifications on how far it will extend.

Negligence

Any lawsuit handled by an accident attorney that attempts to prove liability is called a negligence claim. A negligence claim is filed by the plaintiff, or the injured party, against the person or company that is thought to be at fault for the accident, or the defendant. The plaintiff may have to prove the following five points in order to win a negligence claim:

• Duty: The defendant was responsible for a certain level of care. This could relate to a restaurant owner being responsible for salting and cleaning his sidewalks after an ice storm.
• Breach of Duty: The defendant did not take care of his responsibility. This could be the restaurant owner not taking care of his icy sidewalk in front of his

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