Even though everyone can make mistakes, some mistakes can seriously harm others. When someone has acted recklessly towards you and caused you to experience serious injuries, your accident can be considered a personal injury accident. Cesar Ornelas Injury Law can help you with a claim.
With this accident, you can file a claim against the person who acted recklessly toward you. If you can prove this person’s liability in your accident, they will be responsible for paying for your injuries. But how do you know someone else’s negligence has hurt you? Here is how you can prove the other person’s negligence in your claim.
Duty of care
In a personal injury case, you must prove that the other person’s actions meet the four elements of negligence. One of the elements is the duty of care.
A duty of care is the standard level of care that a person owes you. This is the standard that a reasonable person in the same position would follow.
For example, your employer has a duty of care toward you in the workplace. They must make sure that your workplace is safe for you and their coworkers to be in. When they fail to exercise this duty of care, their actions meet the next element.
Breach of duty of care
The next element is the breach of the duty of care. This happens when the person’s actions fail to meet the standard that a reasonable person would meet for you. When your workplace is filled with unsafe conditions, that is an example of a breach of duty of care on your employer’s part.
The next element of negligence is causation. This element involves a link between the person’s reckless actions and the harm you experienced. If your employer’s failure to provide a safe working environment caused you to fracture your leg, that is an example of causation.
The last element that proves the other person’s negligence is the number of damages you’ve experienced. Damages are the impact the other person’s reckless actions have caused you.
These damages can be any physical injuries that you’ve suffered, mental anguish, or property damage. You would have to prove that the other person’s actions caused you to experience these damages.
The harm that the other person has caused you can be serious. You can suffer from more than a sprained ankle or a minor injury. Being involved in an auto accident or a workplace accident can cause you to suffer serious injuries.
The other person’s negligence can result in a brain injury, spinal cord injury, or hearing loss. Injuries like these are permanent, and you can’t bounce back from them.
Speak with a San Antonio personal injury lawyer today
At Cesar Ornelas Injury Law, our job is to take care of the details of your case so that you can focus on the things that matter. If you or a loved one have been seriously hurt, fill out our contact form below to schedule your free consultation.
Originally from Kyle, Texas, Mr. Ornelas is a first-generation college graduate and a first-generation attorney.
Licensed in Texas, Cesar Ornelas’s nationwide practice is entirely contingency fee-based and consists of a wide variety of catastrophic personal injury and death cases. He has represented countless victims of catastrophic accidents across the United States.