Shepherdsville Personal Injury Attorneys

Demonstrating A Breach In The Duty Of Car In A Vehicle Collision Case

If a driver runs a red light and causes an accident, clearly that driver breached their duty to act reasonably under the circumstances. However, if both drivers claim they had the green light before entering an intersection and no independent witnesses can confirm which driver in fact had the green light, it’s unclear how the trier of fact (the judge or the jury) will decide who “breached their duty to act reasonably.”

Showing A Breach In The Duty Of Care In Slip And Fall Cases

It may also be difficult to prove a defendant breached their duty to act reasonably in slip or trip and fall cases. For instance, what if a customer in a grocery store knocks over some beverages, causing a large spill on the floor and just seconds later another customer slips and falls? If the fall happened just seconds after the other customer spilled the beverage, it’s highly likely that any trier of fact would find that the store did not breach any duty owed to the customer who fell provided they were not notified of the spill prior to the customer’s fall.

While Shepherdsville grocery stores have a duty to discover dangerous conditions on the premises and either correct them or warn of them, one cannot reasonably expect a grocery store to be able to discover a spill on the premises just seconds after it occurred. However, if it can be shown that the spill happened several minutes after the customer’s fall it would certainly strengthen the personal injury needs the victim’s argument that the grocery store breached their duty of care. In cases such as these, it can be useful to hire a personal injury attorney familiar with personal injury claims.

Proving Causation And Damages In A Shepherdsville Accident Claim

Negligent behavior must have caused the damage in order to have a successful case. A common argument made by attorneys defending injury claims is that the accident was not the cause of the injuries. For instance, if a plaintiff in an injury case claims a back injury (or aggravation of back problems) and has a long history of back problems that are well documented by their past medical records, a defense attorney will typically argue that the plaintiff’s treatment (or a substantial portion of the treatment) was not caused by the accident at issue in the personal injury lawsuit, but rather was the treatment the plaintiff would have needed regardless of the accident or incident.

Damage is a separate element of negligence that also must be proven. The most common types of damages in injury cases are medical expenses (bills), physical pain and suffering, and lost wages (time missed from work due to the victim’s injuries). Oftentimes, the amount of one’s pain and suffering damages can far exceed the amount of their medical bills. An experienced and knowledgeable personal injury attorney could help accident victims calculate all the potential damages they could receive in a personal injury case.

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