Health

Understanding the Negligence Legally by Reviewing Some Examples

The personal injury claim is a document that is submitted with the liable insurance company so that the injuries can be compensated for. These companies are hardly interested in paying the money because they want to save their bucks by rejecting your claim. To prove that you have been injured because of someone else, you need to prove that they acted negligently, and you are paying the price for his mistake. However, it may not be as easy as it may sound. That’s why you need to get in touch with an Ontario injury lawyer who can help you get the maximum claim.

Negligence causing injuries

Negligence can be explained with the help of defining a few elements below:

  • Duty of care– The injured person has to establish the fact that the negligent party owed them the duty of care. It depends upon the situation and circumstances. For instance, a driver owes a duty of care that he should obey the traffic rules and laws.
  • Breach of the duty of care– The victim has to prove that the at-fault party did not obey the rules and laws and that his actions breached the duty of care. 
  • Causation– There must be a connection between the injury of the victim and breach of duty. We can say that the injuries are caused due to a breach of duty. In this situation, the at-fault party may argue that the injuries are because of the negligence of someone else.
  • Losses and damages- Because of the injuries, the victim has to suffer losses such as medical expenses, loss of income, pain and suffering, and other damages. For a personal injury to be valid, you need to have financial and psychological losses.

Examples of negligence

If you are not clear about the negligence caused due to someone else, let’s consider some examples:

  • One of the most common examples is drunk driving, in which the driver has broken the law of driving the vehicle after consuming alcohol.
  • Jumping the red signal can also be considered as violating rules and a breach of duty of care.
  • If you have fallen from broken stairs at an event you were invited to.
  • You visited a restaurant, and the housekeeping staff has just cleaned the floor. There was no warning sign of the wet floor, and you slipped on it.

It is suggested to contact a personal injury lawyer who can make a strong case.