When you are injured due to the actions of another person, it can be incredibly upsetting. Not only are you in pain, but yu may incur astronomical medical bills as a result of their actions. However, it’s imperative to understand that you may be eligible to file a claim against the party if their actions were negligent. If you’re unsure how to prove negligence for a personal injury case, you’ll want to keep reading. The following blog explores what you should know about this process and why working with personal injury attorneys in Baltimore County is in your best interest during these difficult matters.
What Can I Do to Prove Negligence Caused My Injuries?
When you sustain an injury that is caused by the negligent actions of another party, whether it’s a drunk driver or a store employee who fails to put up a wet floor sign, it can be incredibly difficult to navigate the legal process. In addition to being injured, the other party and their insurance will likely do everything possible to prevent you from recovering the compensation you deserve. As such, it’s critical to understand the four elements that must be present to bring a successful negligence claim against another party. They are as follows:
- Duty of care: First and foremost, you must show that the negligent party owed you a duty of care. Essentially, this means that there is an established relationship, like that between drivers on the road, doctors and patients, or property owners and those lawfully on their property. Before any other elements can be examined, a relationship between the parties must be established.
- Breach of duty of care: It is not enough to show that a relationship exists between the parties – you must also show that the negligent party breached this duty, most commonly by failing to exercise reasonable care. Reasonable care is essentially a determination of the steps any other ordinary individual would have taken in the situation.
- Causation: Next, you must show that the defendant’s actions are the direct cause of your injuries. Essentially, if your injuries would not have occurred if the defendant hadn’t done what they did, this can prove causation.
- Damages: Finally, you must show that you suffered damages, whether economic or non-economic, as a direct result of the injuries you’ve suffered.
Do I Need an Attorney for This Process?
Proving negligence can be incredibly difficult. However, this process is even more important in a state like Maryland, as the state adheres to contributory negligence rules. As such, if you are found to have contributed to the accident in any capacity, you can be barred from recovering the compensation you deserve.
When you are hurt, it’s in your best interest to do everything in your power to help your case, including connecting with an experienced personal injury attorney with the Law Offices of Markey & Orsi. Our firm understands how difficult these circumstances can be to navigate, which is why we will do everything in our power to help you recover the compensation and justice you deserve. Contact us today to learn more.