How Can I Prove There Was Negligence in My Personal Injury Case?
If you’ve been hurt in an accident in Kansas, especially if you’re facing mounting medical bills, you may be wondering if you are entitled to compensation. You may also know that a successful case depends on proving negligence. But what does negligence mean, exactly, and how do you go about proving it?
Understanding this important concept in tort law can help you plan for success as you attempt to recover compensation. Before you give up on filing a claim, always consult an experienced Kansas personal injury lawyer. You might be surprised how a skilled attorney, who knows the law can look at your facts and see things that would surprise you- just like my auto mechanic sees things that I don’t. That perspective may help you win.
Understanding Negligence in Personal Injury Law
Negligence represents one of the foundational concepts of personal injury cases. Civil law takes the stance that people and companies have a basic obligation to show a reasonable amount of consideration for the safety and well-being of others. That obligation may be known as a “duty of care.”
Proving negligence in a case comes down to a four-part process. You must demonstrate that:
- The at-fault party owed you a duty of care
- That person or entity somehow violated that duty
- Injuries occurred as a direct result of their violation
- You have demonstrable losses
Simply showing that the other person acted negligently isn’t enough for your claim to be successful. You must also provide proof of your injuries and the damage they’ve caused. You can often achieve this using medical reports, bills, and other documents.
What Your Attorney Will Do to Prove Negligence
When you attend a free consultation with a personal injury lawyer, they are tasked with reviewing the circumstances surrounding your accident and determining whether it’s possible to prove negligence in your case.
The exact way an attorney will attempt to prove negligence will depend on the facts of the case. For example, suppose that you were hurt in a car accident. Your lawyer would consider questions about the other driver, such as:
- Were they under the influence?
- Was another party speeding or driving recklessly?
- Did they violate any driving rules?
- Was a cell phone in use when the crash occurred?
- Is there evidence of distracted driving?
If we think they can prove negligence, we may agree to take on your case. Then we work to collect evidence based on how they think the other driver acted negligently. The investigation process usually includes the following steps:
- Collecting accident reports
- Obtaining traffic camera footage
- Seeking eyewitness testimony
- Asking that the other driver be tested for DUI
- Requesting the other driver’s cell phone records
- Hiring an accident reconstruction specialist
The exact steps any good lawyer takes will depend on how the accident happened and what kind of evidence they need to build a compelling case.
Evaluating risk, expense and insurance coverage is our strength. Who pays and how much is a very important part of case evaluation and any decision to accept any case.
Uncovering Negligence With Help From a Kansas Personal Injury Lawyer
Are you dealing with injuries after an accident in Kansas? If so, you’re not alone. Having a skilled attorney on your side working to prove negligence can make all the difference.
Neustrom & Associates has been recovering compensation for victims in Kansas for over 40 years. Contact us today to learn more about how we can help with your case.