Negligence can be pointed to as the cause for a large percent of reported accidents. There are many ways that any given adult might become careless or neglectful.
Examples of negligence
On the road, a driver might neglect to obey all the signs. By the same token, the person sitting at the steering wheel of a motor vehicle might fail to follow the familiar direction at a given traffic light. Another example of on-the-road disobedience (negligence) could be found in a driver that has chosen to exceed the speed limit.
In some situations, the public expects the use of certain precautions. For instance, members of building management will arrange for placement of signs in areas where the floor has just been cleaned. That avoids a slip and fall accident. Failure to have such signs in place could be viewed as negligent behavior.
Even when not driving a set of wheels, the owner of that same vehicle has certain responsibilities. He or she should make sure that its brakes, steering wheel, tires and other parts remain in working order. Failure to carry out that responsibility qualifies as neglectful behavior. It could be pointed to as a contributing factor at the time of an accident.
How does a victim of negligence get compensated?
The amount of money awarded to such a victim will depend on the medical costs that arose, as a result of the victim’s injury. It will also reflect the level of damage to the victim’s vehicle or other piece of personal property.
Those are the most visible items that can work to determine the size of the compensation. Yet, less visible factors can play a role in determining the compensation’s exact size, as well. For instance, a judge might consider the amount of harm that has been done to the victim’s financial status. By the same token, the judge’s decision could be influenced by proof that the injury has affected the victim’s intimate relations.
The things that must be proved
A personal injury lawyer in Leamington that hoped to make a case for negligence would not have to prove the effect that an injury has had on a client’s intimate relations. Still, that member of the legal profession would need to prove certain specific things. For example, that lawyer would have to prove breach of care.
That is an action that can underscore a defendant’s readiness to have his or her desires take priority over a duty of care. In addition, if the lawyer for the plaintiff hopes to show that a defendant was careless and neglectful, then that same legal counsel must produce proof of causation. The final area in which an injury lawyer can call attention to a defendant’s neglectful tendencies would relate to the damage. What harm has been done to the victim? Evidence of any type of harm could be viewed by a jury as evidence that the defendant had been careless and neglectful.