Our fundamental legal principles, including the concept of personal injury, may be traced back to English Common Law during the Renaissance. As the name implies, liability refers to incidents where one suffers harm due to the carelessness of another individual or organisation (such a company or the government). An accident victim is entitled to monetary compensation from the negligent party that caused the incident “in order to again make the victim ‘whole'” (or as close as possible). We have created standards for showing first a defendant’s negligence and then why they must reimburse wounded victims as these “liability laws” have evolved to become more polished to match the civilised world. Today’s criteria for establishing the defendant’s (the accident’s root causer’s) negligence includes four distinct phases. Learn more!
- The accused had a “Duty of Care” to avoid harm. This is just the lawful way of saying that everyone should act considerately so as not to cause harm to others. But responsibilities can be divided up in a variety of ways. Keep your aggressive dog on a leash, secure your property so that it doesn’t endanger others, and drive safely enough so that you don’t cause any accidents. When operating a commercial vehicle, such as an 80,000-pound 18-wheeler, the driver has an even greater responsibility to avoid accidents at all costs. The Hippocratic Oath places a greater obligation on a doctor to “first do no harm.” A manufacturer’s responsibility to ensure the safety of their products is enormous, especially when hundreds or thousands of people could be affected by a single accident. Consequently, the level of care you have to exercise depends on your status.
- The accused person “Brecked their Duty.” The negligent defendant here simply did not use the appropriate degree of care.
- The defendant’s violation was the direct cause of the damages. This relationship, known as “Causation,” is essential in establishing the defendant’s responsibility. You and your legal representative will need to show that the defendant’s carelessness directly caused your injuries.
- On the contrary, the plaintiff has proven that he or she has been hurt or lost money. The most straightforward of the four is the right to file a claim for damages and, if required, a civil lawsuit to seek compensation for injuries and/or property damage or loss caused by accident caused by the negligent defendant’s breach of duty.