Is Duty of Care The Prime Consideration of
Personal Injury Lawyer In Newmarket?
Proving of negligence is the prime objective in personal injury law to win the claim you want to make for compensation of the damages and injuries caused to you by another person. To prove negligence, you will need the professional and expert help and legal guidance of a qualified and experienced Personal Injury Lawyer in Newmarket. The prime objective of the lawyer will be to establish the fact that the defendant was unable to follow the duty of care and caused the accident. Therefore, he or she should be held responsible and liable to pay the claim amount to you. Mind you, this is easier said than done.
Demonstrating The Breach of Care
It is required to demonstrate the breach of care to win the claim amount. For this the Personal Injury Lawyer in Newmarket will require a lot of proofs and documents to substantiate your claim. The lawyer will look into the matter from all possible aspects and perspectives and find out the actual reason of the accident. The causation factor will come into play along with several other contributing factors. They actions that the defendant took or failed to take will be determined and proved so that liability can be determined. All the set standards of the law for duty of care will be adjudged, to hold the defendant liable for payment of the claim amount.
Aspects of Duty of Care
Duty of care according to personal injury law is formulated by the actions that any sensible, responsible and sane common person would take under the given circumstances to avoid the accident in the first place. If the Personal Injury Lawyer in Newmarket finds that the defendant failed to comply with it, then proving negligence becomes easy. This duty of care can vary from case to case. The duty of care for slip and fall injury will be different from that of a dog bite case or a product liability claim. The duty of care for a car crash case will be different from that of a pedestrian hit case or a claim for medical malpractice.
The Case Facts
The facts and information available to the Personal Injury Lawyer in Newmarket about the case will help a lot in establishing failure of duty of care and fault of the defendant. The facts and information will help the attorney to determine how the defendant violated the standard of reasonable care and the degree of such violation. This is a very important factor as on this degree of violation the compensation amount will be calculated. This will also help the attorney to find the way in which the defendant should be held legally responsible for the injuries caused.
Proof of Negligence
The proofs and evidences will also help in proving the failure of duty of care and negligence. These proofs will vary depending on the type on accident. The commonly sought after evidences and proofs by the injury attorney includes photographs and videos of the accident site and injuries, witnesses and their statement recording, doctor’s reports and police investigation report. Visit Here: BPC Personal Injury Lawyer