The Four Elements Of Negligence

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The-Law

An individual can claim for compensation if the negligence of a third party causes their injuries. In short, if someone is reckless and that causes harm to you, then you have the legal right to sue for compensation due to negligent behavior on their part. This covers everything from car accidents (if you happen to be in one of the cars, but not the guilty party) to slip and fall cases (if the injury is caused by the fall which could be prevented if someone wasn’t negligent).

Duty – The first element of negligence

The first step in checking whether you are eligible to claim for the compensation in a case of negligence is to establish whether the defendant owes you the legal duty of care.

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For example, a doctor has to provide the patient with qualified medical services. The same applies to the rule of the reasonable care. If you sit in a car with someone, then they are expected to operate the vehicle safely.

Breach of Duty – The second aspect of a negligence claim

The court will have to establish whether the defendant breached the duty of care before the court process continues. This breach represents the act that defies what a “reasonably prudent individual” would do in the same situation.

This “reasonably prudent person” standard represents the actions of an average person in any given situation.

The defendant is guilty if their actions didn’t comply with the standard. That is determined by the fact that an average person would avoid that accident if they had the same knowledge at that given moment.

Causation – Proving the connection between negligence and the injury

If a negligent behavior causes harm, then the claim for compensation is lawful. You, as a defendant have to prove that the said behavior caused the injury you suffered. This is a bit complicated parts of the court process, as you might get injured and still not get any compensation.

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It all falls to whether the accident was a random and unforeseeable thing, or not. For example, if the car drier texted and crashed into you (while you were either walking, driving another car or something else), then they will have to compensate you as they were negligent and knew that it could cause an injury to someone.

Damages – The final step of the negligence claim

If the court process comes to this step, then it is clear that the plaintiff is guilty. The court determines the amount they will have to compensate to you, and that involves everything from property repair to medical care and other expenses.

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