A lot of personal injury cases would not exist if everyone understood and adhered to the idea behind “duty of care.” While proper adherence to this idea can prevent some injuries, whether they were caused by a fall, medical malpractice, or a car accident, it can also be a deciding factor in a personal injury case.
Experienced lawyers from firms help determine the factors that are important when trying to win an injury claim. They know how to play to the strengths of each deciding factor in an injury case.
For instance, evidence is logical and must be argued on a logical and intellectual basis. Duty of care, on the other hand, speaks of neglect and disregard of the victim’s well-being by the defendant. With this in mind, a personal injury lawyer will argue this on an emotional basis, trying to draw sympathy from the judge and jury.
Duty of care is the legal obligation of an organization or individual to act in a way that poses no harm or danger to others. In a personal injury claim, to secure compensation, the attorney must demonstrate without any reasonable doubt that the liable parties failed to act as expected. Therefore, their wrongdoing is responsible for the injury the claimant experienced.
A typical example of duty of care is drivers’ obligation to drive responsibly while following traffic laws. Another example: medical practitioners are entrusted with the lives of others and are required to execute their responsibilities in such a way that the life of a person is not endangered in any way.
When any of these groups we’ve used as examples fail to fulfill their legal obligation of duty of care, they become liable for any injury they have caused. Therefore, legal action can be taken against them.
Apart from determining the liability of the defendant, duty of care also plays a role in determining the compensation the plaintiff would receive. Compensation will be determined by the severity of the injuries, lost wages, pain and suffering, medical expenses, and other damages. The evaluation of all these elements will determine the degree to which the liable party’s misconduct harmed the victim. This, in turn, will determine how much the victim will receive in compensation.
Establishing Duty of Care
The personal injury lawyer must establish the duty of care and the defendant’s failure to fulfill this obligation. To do this, the attorney must consider the following:
Reasonable Person Standard
The lawyer must make it clear to the judge and jury that the defendant’s action didn’t mirror that of a reasonable individual. Click here to learn more about the reasonable person standard. Doing this will require consideration of the defendant’s experience, knowledge, etc.
Foreseeability
Another thing that the plaintiff must establish is that the defendant understood that their inactions or actions would harm someone. This is crucial because if this is not established, the defendant might walk free.
Legal Regulations and Standards
Some industries and professions have legal regulations and standards that guide the conduct of members. When an individual in such an industry or profession fails to adhere to the set regulations and standards, it means they’ve breached the duty of care.
Expert Witnesses
These days, there is an expert in almost every field and situation. Therefore, a personal injury lawyer can take advantage of this and present such experts as witnesses. The expert will then give their opinions based on their experience on whether the actions of the defendant were standard for such a situation.
The best way to deal with a personal injury case is to let an expert handle your case. A personal injury lawyer will know how to establish duty of care and other elements of personal injury law and secure fair compensation.
Salman is a prolific environmental writer, and has authored more than 500 articles in reputed journals, magazines and websites. He is proactively engaged in creating mass awareness on renewable energy, waste management, sustainability and conservation all over the world.
Salman can be reached on salman@cleantechloops.com
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