by: Attorney Bruce A. Blaylock
Negligence occurs when a person fails to use reasonable care to protect others from harm. When that negligence results in an injury to another person, then a claim for negligence arises against the person who caused the harm.
In order to prove a claim for negligence, the Courts require that a person be able to prove the following elements;
For example, let’s say that a truck driver falls asleep at the wheel and injures another driver as a result. All four of the elements for a negligence claim are in place:
As you can see in this example, all four elements are in place to be able to successfully bring the claim. That is why at the beginning of a case we are so careful in combing through all of the facts. The best way to avoid going to trial is to assume that the case is going to go to trial from the very beginning, and to prepare accordingly.
Therefore, right from the start we pour through all the facts to make sure we have every element in place to be able to successfully bring the case to settlement.
If a person’s negligence hurts somebody, they must be held accountable.
If you have any questions about personal injury cases, please feel free to call us at 301-951-1800.
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