Learn About Elements of Negligence From An Injury Lawyer In Scarborough

The main principle of a personal injury accident that makes it different from other injuries is negligence, which has nothing to do with the plaintiff but with a second or third party. If you are new to the concept of personal injury accidents and its underlying cause, which is negligence, then worry not! We with the help of a professional Injury Lawyer in Scarborough will acquaint you with all the essential elements of negligence in a personal injury case.

#1- Duty of Care: To begin with, we will first talk about the first element of negligence in a personal injury case, which is believed to be duty of care. According to an Injury Lawyer in Scarborough, the victim has to prove that at-fault party owed a duty of care towards him or her. For instance, if a patient suffers due to medical malpractice, then that patient must prove that the faulty doctor had a duty of care towards him or her.

#2- Breach of Duty: Second main element to prove the negligence of a defendant in a personal injury case is the breach of duty. This means all a plaintiff needs to prove is that the defendant, who owed a duty of care towards him or her breached or broke the standards of that duty of care. For instance, a medical practitioner failed to provide a standard care to a patient resulting into an injury.

#3- Causation of Injury: Third main element of negligence related to personal injury accidents is the fact of causation of injury. An Injury Lawyer in Scarborough knows that causation means proving that the injury was caused due to breach of duty on part of the defendant. For instance, the injury suffered by a patient in a medical malpractice case is not a pre-existing one but a new one that occurred due to a breach of duty on part of the faulty doctor.

#4- Damages Incurred due to the Injury: The last and the fourth element of negligence in personal injury accident cases is the result of an accident leading to not just the injury but many other damages too. For instance, a medical malpractice plaintiff suffered not just physical, financial but also emotional damages due to the accident and consequent injuries.

Finally, we would conclude saying that personal injury cases are all about proving the negligence of the defendant, no matter, whether, it is a car accident, slip and fall or an animal attack case! After understanding the above-mentioned four elements of negligence for an injury case, we suggest you to consult an Injury Lawyer in Scarborough to help you prove the negligence of the ones faulty for your accident. This will help you win the claims you deserve without feeling traumatized, as the lawyer will not only help winning you the case but give you ample amount of mental relief too! To read more Click Here