If you are filing a personal injury or wrongful death lawsuit, you'll have to prove the defendant's negligence to win your case. Negligence, in legal terms, applies when someone has a legal responsibility toward you which they fail to fulfill, resulting in damages. Charles H. Brower Law Corporation in Honolulu, HI, details the requirements for your personal injury case, and how you can prove each element.
The Elements of Negligence
1. Duty of Care
Every person in the United States is legally responsible to behave in a way which is reasonably safe for the people around them. People in specific positions may have a duty of care which goes beyond this basic standard. For example, property owners and tenants are obligated to keep the premises safe for visitors, and companies are responsible for any defective products. Your personal injury case begins with proving the defendant's duty of care toward you.
2. Breach of Duty
You must also prove the defendant failed to fulfill their legal responsibilities. You might rely on witnesses who saw the event or pictures of injuries and the dangerous conditions which caused them. In some cases, expert testimony may be necessary. Your personal injury attorney will help you determine what evidence you can provide.
In most cases, you can only claim compensation for the actual costs of your injury and recovery. While punitive damages are a possibility in some cases, your best chance of compensation is with proof of the damage caused. This can include medical bills, time off work, and pain and suffering due to the injury.
To start building your case, contact a personal injury attorney today. Charles H. Brower Law Corporation provides legal advice and representation to clients in Honolulu and all surrounding areas. Call them today at (808) 526-2688 or contact them online to arrange a consultation.