Your Personal Injury Lawyers In Evansville

The starting point for every negligence claim is the duty of care. This is because if a defendant does not owe a plaintiff a duty of care, they are not responsible for their injury claim. Whether or not a duty exists will depend on the circumstances. For instance, drivers owe each other a duty to operate their vehicles in a safe manner. Likewise, property owners are required to provide certain guests with a hazard-free premises.

Once it is settled a duty of care exists, the plaintiff must next prove the defendant breached this duty. A breach can happy in many ways. In car accidents, a breach usually involves some type of traffic violation. With slip and fall injuries, a breach could include the failure to use a wet floor sign or repair a loose banister. Any careless or reckless act could qualify if it leads to an injury.

A causal link between the injury and the defendant’s conduct is also necessary. A defendant will only be financially responsible for injuries that result from their breached duty of care.

Even if the other three elements are met, financial compensation is only an option if a plaintiff can prove damages. Damages include medical bills, lost wages, and other losses stemming from an injury.