Finding yourself hurt due to an accident is not something you set out to do. However, here you sit, dealing with the aftermath of it all.
Personal injury claims in Los Angeles are successful if one party’s behavior caused the incident. Whether your injuries occurred during a car accident or some other event, you must demonstrate that the person who caused it was negligent. Before jumping into a personal injury case, you may want to ensure you have all the necessary elements to prevail.
The premise of a personal injury claim
A personal injury claim consists of an injured party, the plaintiff, and the negligent party, the defendant. The defendant did not have to set out to cause an injury. In fact, many personal injury incidents are unintentional. However, just because the act was not on purpose does not mean the defendant is not responsible for what transpired. This is where negligence comes into play.
Negligence is the failure to behave in a reasonable way towards another, either by action or inaction, regardless of intent. Drinking and driving is one example of negligent behavior. While the defendant may not have intended to cause an accident, he or she did operate a vehicle while intoxicated, which is a direct violation of the law. Thus, any accident stemming from this act is the responsibility of the defendant.
Proving negligence in your case
Negligence in some personal injury claims is easier to prove than others. The court has an established set of elements that the plaintiff must prove for a personal injury claim to move forward:
- The defendant knew the reasonable course of action.
- The defendant went against this knowledge.
- The actions or inactions of the defendant caused the incident.
- The incident injured the plaintiff.
- The plaintiff suffered monetary losses or damages as a result of the incident.
When contemplating a personal injury lawsuit, understanding what the court means by negligence is critical. A legal professional can provide more details about this definition and the court’s requirements.