An Overview of Negligence in a Personal Injury Accident

An Overview of Negligence in a Personal Injury Accident

Personal Injury Lawyer

Getting into an accident likely means that one party was acting carefully and the other party was acting negligently. When this is the case, the injured party will probably speak with the other party’s insurance so that they can get compensation for their injuries. This strikes some important questions: Who is responsible for this accident? Which party was acting negligently and which party was acting carefully? Was only one person responsible or did they share responsibility for the accident? Personal injury attorneys can help go over the facts of your accident to determine who the negligent party is and discuss the best ways to speak with the insurance company. For more information on negligence in personal injury accidents, please read the article below.

What is the duty of care?

When you are in an accident, whether it is a dog bite, a bus accident, or a slip and fall accident, the biggest question you will hear floating around with your attorney and the insurance company is “what is the duty of care?” This means in your particular situation, who is the one who is responsible for the accident? Who had the duty of care? For example, if you were at someone’s house and they had uneven pavement in their driveway that caused you to trip and break your arm, is it your fault or theirs? This will depend. If the homeowner had dangerous, uneven pavement and did not have signs around to notify anyone or did not have the section crossed off but invited you over anyway, it is likely their fault. They had the duty to warn you of the dangerous area or fix it before you arrived. However, if they did have the area crossed off and did everything within their power to ensure guests were aware of the dangerous area but you tripped over it anyway, you are likely partially responsible.

How can you determine what is reasonable?

This depends on the circumstances of your situation. Typically, “reasonable care” is determined to be the same care that any other person would have given if they were in a similar situation with similar circumstances. So, if the insurance company determines that other people in a similar situation would have fixed the broken pavement or sectioned it off, the homeowner would likely be held responsible.

Do I need to gather evidence to prove my case?

If you are filing a personal injury claim with the other person’s insurance, do not expect to go scouting for evidence to prove you were careful and the other party was careless. Instead, you simply need to provide a reasonable argument that shows the other party was negligent and responsible for your injuries.

To speak with one of the Auto Accident Lawyers Indianapolis, IN residents trust about your accident, call a law office now. They want to help you get the compensation you are owed.

 


 

Thanks to Ward & Ward Law Firm for their insight into personal injury claims and negligence.

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