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If you were hurt in an accident that someone else caused, you might be entitled to compensation for the costs associated with treating your injuries. Before you can recover a single dollar, however, you must determine how the responsible party was negligent and then find a way to prove it. Here’s what personal injury claimants should know about negligence, so they can build the strongest case possible. 

Defining Negligence

People are considered negligent when they breach the duty of care owed to others. In other words, negligence is the failure to act how any reasonable person might under the same circumstances. Driving while drunk, drowsy, or distracted is one of the most common examples of negligence. All motorists have a duty of care to remain sober, alert, and attentive when maneuvering a vehicle in traffic. If they fail to do so and an accident results, they could be liable for the damages that any personal injury victims incur. 

Proving Negligence 

personal injuryThere are two steps to proving negligence during the personal injury claims process. First, you must prove the liable party owed you a duty of care. This duty might be established, as it is between a doctor and a patient, or it might be implied, as it is between a motorist and everyone on the road around them. Second, you must prove a breach occurred. Did a doctor fail to perform the most widely accepted diagnostic tests given the symptoms? Did the other motorist send a text while traveling 55 mph? Once you’ve gathered sufficient evidence, you have to demonstrate how the negligence was directly responsible for your injuries and then provide proof of the damages incurred as a result. 

 

If you need help proving negligence after sustaining serious injuries in an accident, turn to Coyne, Cundiff & Hillemann, P.C. in Lake St. Louis, MO. Their compassionate personal injury attorneys have more than 75 years of combined experience and are well-versed at resolving claims involving auto accidents, dog bites, premises liability, and wrongful death. They also practice family, criminal defense, and traffic law. To reach out and schedule an initial consultation, visit their website or call (636) 561-5599. 

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