A person who suffers an injury in a wreck, such as when a semitruck or another vehicle slams into them, might opt to pursue a claim for compensation. In order to do this, they must prove that the party they’re seeking compensation from was negligent.
There are some specific points that must be met for a person to be found negligent. If any of these four points is missing, there’s a good chance the person won’t be considered legally negligent.
- Duty: This means that the person has the legal responsibility to behave in a certain way. For example, a driver must operate their vehicle safely and a doctor must provide care that meets or exceeds the applicable standard of care.
- Breach of duty: This means that the person didn’t meet their duty. This could include a driver who gets behind the wheel when they’re impaired, fatigued or distracted.
- Causation: This is when you tie together the person’s negligence to the incident that lead to your injuries. For example, a drunk driver who hits your vehicle and causes you to suffer a head injury would meet this point.
- Damages: In order to file a claim for compensation, you must have damages that you can reasonably attribute to the negligent incident. Medical bills for your injuries and payment for wages you couldn’t earn while you were healing are common types of damages.
Your attorney will help you put these points together in your case. If you name multiple defendants, these four points must be present for each one. Since these points might take time to tie together, you should contact your attorney as soon as you can after the incident, so they can get started.