Law of Negligence

Protect Your Rights:
Know the Facts about the Law of Negligence 

Most automobile accident personal injury cases are brought on the grounds of “negligence.” That is:

  1. the Tortfeasor was negligent (failed to exercise that degree of care which a reasonable person would exercise under the same circumstances),
  2. the Tortfeasor’s negligence was the proximate cause of
  3. the Claimant’s (your) injuries.

Your Attorney and Proving Negligence
An attorney must prove the elements of the case to prevail in court. Likewise, the attorney must convince an adjuster that he can prevail in court in order to reach a satisfactory settlement.

The Claimant can better assist his own case if he understands what his attorney is trying to prove. The attorney must prove that the Tortfeasor was negligent. This is frequently done by showing that the Tortfeasor violated some statutes of law, such as laws regarding:

stopping for stop signs,
proper following distances, or
proper lane travel.

Your Attorney and Proving Injury
The attorney must also prove the Claimant was in fact injured. This is usually done through the introduction of medical records and testimony of treating physicians.

The attorney must prove that the injuries were caused by the Tortfeasor’s negligence. This is often the most difficult element to prove in a personal injury suit, particularly if the Claimant had pre-existing medical conditions or prior accidents. An attorney must often enlist the help of expensive medical experts to testify to the causal relationship between the accident and the injuries.

Winning the Case
To win the case for the Claimant, the attorney must prove two major components:

  1. Liability: whose fault was the accident?
  2. Damages: what injuries did the Claimant suffer, and how did the injuries affect his life?

Liability is established through evidence of the dynamics of the accident. Witnesses and accident reconstructionists are useful to establish how the accident happened.

Your Personal Injury Claim and the Law Offices of Steven D. Weier
If you are the victim of someone else’s negligence, you have the right to file a personal injury claim.

At the Law Offices of Steven D. Weier, we emphasize handling personal injury cases. As a result, you can rely on our extensive experience in proving liability and damages to ensure you receive the settlement you deserve.

To begin the process of filing your personal injury claim, contact us today.

Return to Resources Page | FAQs | Personal Injury Services