While there are quite a few things that you might take into account when it comes to personal injury law, the onus of proof is without a doubt one of the most important ones. This is something which would determine the party who would have to prove the fault and establish damages. Proving negligence is obviously one of the most important things but there is a lot more to it than just that. This is why it is quite beneficial for you to take advantage of the services of a professional lawyer.
There are three major components which are going to be particularly critical for your case – duty of care, causation and damages. These need to be present in order for you to be capable of getting the compensation that you deserve. So, let’s take a look at each of them individually.
Duty of care
The duty of care is the required behavior on behalf of the party that you want to get compensation from. This is the behavior that he is obligated to provide but has failed for reasons which are negligent. For instance, if you slip and fall on the premise of a store owner, you can claim damages because he has the obligation to make sure that his premise is safe enough for people to walk on without any dangers. This is a very common case and the entire institute is known as slip and fall.
Causation is the link between the breach of the duty of care and the corresponding damages. So, when you slip and fall you might hit your head which could lead to concussions, temporary loss of consciousness, lost wages and other consequences – these are all direct damages that you have to incur as a result of the accident.
Even though it might sound quite obvious, damages in terms of personal injury law are not the damages that you’ve incurred on your body – this is their monetary representation. With this in mind, you need to have suffered certain losses in order to be able to claim something – it’s quite logical.
As you can see, even though it might seem rather straightforward on the surface, personal injury is far from being as comprehensive and easy to go through. With this in mind, it’s important to ensure that everything is handled as per the highest legal standards. The way to do so is through the hiring of a personal injury lawyer. He is going to ensure that you get the necessary monetary compensation in the amount that is legally entitled to you. This is without a doubt your best bet and it’s something that you need to take into proper account. It is a fact that most of the personal injury lawyers work on contingency basis and that helps you. You don’t have to pay them any upfront legal fee but just need to pay them a fixed percentage from the compensation amount that they win for you.