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Understanding Negligence Claim In Personal Injury Insurance

Understanding Negligence Claim in Personal Injury Insurance

In most personal injury claims arising from car accidents to “slip and fall” cases -the issue of fault hinges on a legal concept, “negligence.” It is defined as the circumstance when someone acts in a careless way, and it causes a direct or indirect injury to another person. Under the legal principle of “negligence,” a person or company holds as legally responsible for any resulting harm.

In a negligence case, the person injured or the plaintiff needs to prove the four elements of a negligence claim, including the duty of care, breach, causation, and damages against the person allegedly at fault or the defendant.

In a negligence claim, your personal injury claim attorney requires you to establish a case to explain how a person’s careless conduct causes you to suffer injuries. If you wish to win your personal injury case, then you must understand these basics and avoid making these mistakes during the claim.

  1. Duty of care

For assessing a negligence claim find whether or not the culprit owed the plaintiff a legal duty of care. A duty of care can be understood as an obligation to avoid injuring someone else or placing them in the path of danger. In most negligence cases, the defendant has at least some duty of care towards the plaintiff. In some cases, determining the duty of care becomes difficult as there are no laws stating how a person should act.

  1. Breach

Now, the plaintiff needs to show exactly how the accused failed to meet the duty of care. In simple words, the injured person needs to prove that the defendant’s action breached the duty of care.

  1. Causation

To prove the third element, the plaintiff needs to show that the defendant’s negligence actually caused the injury. It is possible that someone was negligible, but the plaintiff can only win the case when you prove that this negligence causes the injury. You must know that if the defendant’s negligence or actions caused the injury through a random or unexpected act of nature, the defendant would not likely be found liable.

  1. Damages

In legal language, the term “damages” refers to property damage, physical and emotional injuries, and lost income as the result of an accident. This element of the negligence claim is all about negotiating and coming to a settlement. Here, the amount of money you want as compensation considering the damages will be the main point of contention.

If you want to know about the negligence claim in detail or need assistance with your claim, then you can contact a severe personal injury lawyer. If you are facing any injury-related case and need legal help, you must hire the best injury law firm from the Tampa area. You can find the most experienced ones online, try to explore the area online, and compare a few of them to pick the right one. The professional will guide you through the entire claiming process and all the legal matters so you can get what you are expecting.

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Written by Karen Anthony

Eric Dalius is a true marketing genius and a successful entrepreneur and he likes to spend time with his wife Kimberly Dalius.

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