Personal Injury Lawsuit

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Most people do not think that they would ever be involved in any type of personal injury lawsuit and that is why many are unprepared for it when such a situation arises. The sad truth is that no matter how careful we are, serious injuries often occur due to the negligent actions of other people.

In many cases, the only way to recover for the injuries and damages is by filing a personal injury lawsuit. But filing such a lawsuit is not simply a matter of filling a form. There are many aspects that need to be addressed before you can expect any compensation.

Whenever a personal injury lawsuit is filed, the most important element that the courts consider when determining the outcome of the case is ‘negligence.’

There are four key elements …show more content…

Negligence is the breach of the duty of care: When you want to establish negligence, you have to prove that there was a breach of the duty of care. For example, if you are a patient in a hospital and undergo surgery. If the surgeon leaves forceps or a piece of gauze in your abdomen, then they have been negligent. All hospitals have protocols to prevent instruments from being left behind in patients. If the surgeon still closes the abdomen knowing that the final count of instruments is not correct, then they can be deemed to have been negligent. The abdomen should not be closed and an x-ray should be ordered to search for the missing gauze before closing the abdomen. Proving negligence is the crux of all personal injury lawsuits. Essentially it is defined as the failure to act or behave with the same level of care that someone of ordinary prudence would have exercised under the same circumstances. In simple words, negligence is the act of doing something in an irresponsible …show more content…

For example, if you are driving and get hit by a driver who is texting, the other party was negligent because he acted in an irresponsible manner and disregarded the safety of others on the road. The majority of motor vehicle accidents are based on negligence because no driver gets in the car with the intention of causing an accident. In each case, the onus is to determine which negligent action of the defendant violated the established rules of safety.

Another situation could be if you falling on slippery ice. If the ice was left on the path for 48-72 hours after a snowstorm and the homeowner never bothered to clean up the snow, there is a risk that someone may fall. If this happens and somebody slips on this ice, the homeowner is negligent because he did not bother to remove the snow. There are bylaws in every city when the snow and ice should be removed and these must be followed to ensure

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