How Does Negligence Relate to Tort Law?
One of the most common questions personal injury lawyers are asked by potential clients, is how does negligence relate to tort law. To put it bluntly, negligence is the primary definition of tort law, in that in, order to file a tort claim or civil wrong doing lawsuit, you must prove that someone else’s actions or lack of actions (negligence) was the reason you sustained damages. Today we’ll examine, the importance of negligence in the success of one’s case.
As we noted earlier, negligence is defined as the failure to use ordinary care, through either one’s actions or lack of action. Meaning to say, someone does not exercise a general standard of care or avoids exercising that general standard of care when an accident takes place. For example, when two cars collide, both drivers must show that the other driver failed to live up to their general standard of care. In this scenario, the general standard is to drive safely by following the rules of the road and avoiding colliding with another car. Since the accident took place, one driver is to blame for the accident, while the other must prove his or her own innocence in the accident.
In order to show that someone was negligent for your accident taking place, you must be able to prove the four areas of negligence came into affect. These four areas include, duty of care, breach of care, causation and damages. If you can prove a person owed you a duty of care and they breached that care, causation and damages, should be easy to follow in the process. For instance, in the aforementioned auto accident, the victim must show that the defendant owed them a duty of care, which by all accounts means that the driver simply had to follow the rules of the road and keep themselves and their own vehicle safe. When the collision happened, the driver breached the duty of care to keep his or her own vehicle safe. As a result of the breach, the accident was caused, which in turn led to the victim’s damages.
In most car accidents, negligence is easy to prove, as literally one driver has to make a significant error, to cause an accident to take place. However, with that being in mind, it is important to know that you still have to prove your injuries were related to the accident. Sometimes, cases will arise, where a victim suffering from an injury from a previous accident, will use the new accident as a way to receive compensation for their injuries. If the courts find out of your scheme, you may lose your compensation, and be forced to pay the defendant and your own insurance company back for your injuries damages, since they weren’t related to your case. You may also have to pay punitive damages, because using the court systems for your own personal gain is an offense.
Searching for the best Toronto personal injury lawyers legal team? Then visit Personal Injury Lawyers in Toronto and find out how these expert injury and car accident lawyers Toronto will fight to make sure your claim is significant and what you are fully entitled too.
Searching for the best personal injury Toronto legal team? Then visit Personal Injury Lawyers in Toronto and find out how these expert injury and car accident lawyers will fight to make sure your claim is significant and what you are fully entitled too.
http://www.personalinjurylawyersintoronto.ca>
Author Bio: Searching for the best Toronto personal injury lawyers legal team? Then visit Personal Injury Lawyers in Toronto and find out how these expert injury and car accident lawyers Toronto will fight to make sure your claim is significant and what you are fully entitled too.
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