If you suffered an injury due to another person’s carelessness behavior, you may have legal standing to file a lawsuit. The vast majority of personal injury cases handled by Meagher Law Office are based on the legal theory of negligence. If you need help proving the other person was responsible for your accident, you should consider talking to a Shepherdsville personal injury lawyer. Our dedicated attorneys could guide you through every step of the process.
In Kentucky, an injured victim must establish four elements to prove negligence against another party
Failure to prove any one of these four elements is detrimental to an injury claim, so it is best to work with a skilled attorney.
In car accident cases, showing that the other party had a duty to act reasonably is typically easy because all driver’s on state roadways have a duty to drive as a reasonably prudent person would under the circumstances. Likewise, the element of duty is easily satisfied in trip or slip and fall cases against retail stores. Per well-established state law, any store that is open to the public, has a duty to discover dangerous conditions on the premises and either correct them or warn of them. However, proving a party breached a duty to act reasonably is not always as easy.
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.”
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 injury victim’s argument that the grocery store breached their duty of care. In cases such as these, it can be useful to hire seasoned lawyer familiar with personal injury claims
The negligent behavior must have caused the damages 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 lawsuit, but rather was treatment the plaintiff would have needed regardless of the accident or incident.
Damages are a separate element of negligence that also must be proven. The most common types of damages in injury cases are medical expenses (bills), 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 attorney could help accident victims calculate all the potential damages they could receive in a personal injury case.
If you think you have a valid personal injury claim, call a Shepherdsville personal injury lawyer today. Attorney Tate Meagher of the Meagher Law Office, PLLC could examine your case and help you determine the best course of action. Call the office today to set up a free consultation.