If you are injured through the negligence of another, you may have a personal injury claim against that person. One way to define negligence is an act carried out without regard for the safety of others. If someone injures you without regard to the proper standard of care, their carelessness may entitle you to compensation. In every negligence claim, the injured person has the burden of proving every element of the case.
In addition to negligence, the injured person must prove causation and damages. Causation is the nexus between the negligent act and the damages incurred. In other words, but for the negligent act, would the person have suffered the damages.
Damages take many forms, including medical bills, lost wages, loss of consortium, permanent or temporary disability.
In order to prove the elements of the case, it is important for the injured person to preserve evidence relating to the claim. Police reports, medical records, photos of a damaged vehicle, coroner and autopsy reports, as well as witness statements are all important forms of evidence in various types of injury claims.
If you have been injured through the negligence of another, take the following steps:
1. seek medical attention if you are in pain
2. photograph the scene of the incident
3. photograph any injuries to your own body
3. get contact numbers and statements from any eye witnesses
4. notify the at-fault party that you intend to seek compensation
5. notify your own insurer, if applicable
6. seek legal advice quickly - statutes of limitation can bar your claim if not made timely
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