As a Personal Injury Lawyer in Toronto, you must understand all the elements of negligence are used as an effective tool to strengthen the personal injury claim. Proving negligence is the most important part of a personal injury case and can exist in different forms though the definition remains the same. Anything short of the reasonable standards to protect any person from foreseeable risks and dangers can be termed as negligence. Therefore, proving the form and degree of it would help you to present your claim to the insurance adjuster in a better and more comprehensive manner. Here are the four basic elements of negligent behavior.
Presence of Duty
The presence of duty by a person makes the first element to prove negligence. Everyone has a duty to act reasonably to others, and it is the identification of this duty which marks the beginning of the work by a Personal Injury Lawyer in Toronto. Such type of duties can be varied depending on the person concerned. Like a car driver’s duty is to drive and operate their car with care and also ensure that the passengers reach their destinations safely. Similarly, retail stores have the duty to keep their floors clean and dry to prevent anybody from falling, manufacturers have the duty to make safe and perfect products, and doctors have the duty to perform their duty with care and much more.
Breach of Duty
The second element to prove negligence by the Personal Injury Lawyer in Toronto is to establish that there was a breach of duty. Breach happens when a person fails to act according to the reasonable manner with another person. This can also be varied and depends on the person in question. The driver breaches his duty by driving recklessly to cause an accident; a company breaches their duty by manufacturing faulty products; a doctor breaches his duty by prescribing wrong medicines and much more.
Direct Cause of Injury
When such breach of duty can be proved by a qualified Personal Injury Lawyer in Toronto to be the direct cause of the injury-causing accident, it is considered to be the third element of negligence. The severity of the injury in such cases can be related to the failure of the person in question to act reasonably and sensibly, and it can be a person or an organization for that matter. Few examples of such accidents that cause injury could be a speeding car, theworking of a faulty product, the act of not cleaning a spill on the floor, or a misdiagnosis or the wrong prescription by the doctor.
Proving The Monetary Loss
This fourth element of negligence is the result of all the first three. To prove monetary loss, you would require documented evidence only. These documents would provide the proper value of financial loss and the nature of the injury as well which the first three cannot. Therefore, all the records of the treatments in the hospital, the relevant medical bills, diagnosis and prognosis reports, bills of medication and physiotherapy, any out of pocket expenses related to the injury all should be documented and provided as evidence. For more information visit Our Website
Presence of Duty
The presence of duty by a person makes the first element to prove negligence. Everyone has a duty to act reasonably to others, and it is the identification of this duty which marks the beginning of the work by a Personal Injury Lawyer in Toronto. Such type of duties can be varied depending on the person concerned. Like a car driver’s duty is to drive and operate their car with care and also ensure that the passengers reach their destinations safely. Similarly, retail stores have the duty to keep their floors clean and dry to prevent anybody from falling, manufacturers have the duty to make safe and perfect products, and doctors have the duty to perform their duty with care and much more.
Breach of Duty
The second element to prove negligence by the Personal Injury Lawyer in Toronto is to establish that there was a breach of duty. Breach happens when a person fails to act according to the reasonable manner with another person. This can also be varied and depends on the person in question. The driver breaches his duty by driving recklessly to cause an accident; a company breaches their duty by manufacturing faulty products; a doctor breaches his duty by prescribing wrong medicines and much more.
Direct Cause of Injury
When such breach of duty can be proved by a qualified Personal Injury Lawyer in Toronto to be the direct cause of the injury-causing accident, it is considered to be the third element of negligence. The severity of the injury in such cases can be related to the failure of the person in question to act reasonably and sensibly, and it can be a person or an organization for that matter. Few examples of such accidents that cause injury could be a speeding car, theworking of a faulty product, the act of not cleaning a spill on the floor, or a misdiagnosis or the wrong prescription by the doctor.
Proving The Monetary Loss
This fourth element of negligence is the result of all the first three. To prove monetary loss, you would require documented evidence only. These documents would provide the proper value of financial loss and the nature of the injury as well which the first three cannot. Therefore, all the records of the treatments in the hospital, the relevant medical bills, diagnosis and prognosis reports, bills of medication and physiotherapy, any out of pocket expenses related to the injury all should be documented and provided as evidence. For more information visit Our Website
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