Proving negligence is one of the issues that influence most personal injury claims. It is usually upon the plaintiff and the defendant to prove otherwise that they were not responsible for the injuries. And to do this, their attorneys will have to argue based on the following elements. Information concerning Fort Lauderdale, FL can be discovered here.
Breach of Duty
It’s not enough for a person to prove that another person owed them a duty. The injury lawyer must also prove that the negligent party breached his or her commitment to the other person. Information about How Personal injury Attorneys Determine Your Settlement can be found here.
Duty
The outcome of some negligence cases depends on whether the defendant owed a duty to the plaintiff. A duty arises when the law recognizes a relationship between the defendant and the plaintiff, requiring the defendant to act in a particular manner. This often comes with a standard of care toward the plaintiff.
Cause in Fact
Under the traditional rules of legal duty in negligence cases, a plaintiff must prove that the defendant’s actions were the actual cause of the plaintiff’s injury.
Proximate Cause
Proximate cause relates to the scope of a defendant’s responsibility in a negligence case. A defendant in a negligence case is only responsible for those harms that the defendant could have foreseen through their actions.
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