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Keys to proving negligence in your personal injury case

If you or a loved one face an injury due to the acts of another party, you may be able to file a claim for personal injury. There is a particular process that individuals must follow in order to successfully argue their cases.

It is critical that individuals looking to file a claim gain a full understanding of the relevant parts of a case for personal injury, especially negligence. There are a few keys to proving negligence that you want to be aware of.

Definition

In short, negligence is a failure to exercise a level of care that most individuals would deem reasonable in the situation in question. In most cases, negligence is an action; however, sometimes it may be a failure to act or an omission. For example, if a property owner does not post proper signage that warns of a dog on the premises and the dog bites someone while he or she is on the property, the individual may file a personal injury claim against the property owner.

Proof process

There are four main points that an individual must show in order to prove a negligence case. Those four factors include:

  1. The defendant owed a duty of care to the plaintiff.
  2. There was a breach of the duty of care by the defendant.
  3. The harm was a result of the breach.
  4. The harm may equate to a specific payment of damage.

By covering all of these elements, individuals may build solid cases. It may be helpful to receive assistance from a knowledgeable attorney.

Statute of limitations

Maryland Code 5-101 states that individuals have a set period of three years after an incident to file a claim. Generally, this stands, except in special cases, such as if the injury does not become apparent until later down the line. In such instances, the courts may begin the statute upon discovery of the injury or illness.

These are a few of the main factors to understand about negligence. If you are considering a personal injury case, take some time to examine the process and determine the best course of action to take.

 

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