AbbevillePersonal Injury Lawyer

Proving the Duty of Care

Duty of care means the other party was responsible for your safety and preventing any harm befalling you. For example:

• If you were on someone else’s property, such as in a business setting, they automatically owe you that duty.
• If they were driving a vehicle, they owe it to everyone else on the road to be careful and obey traffic laws.
• Physicians owe their patients competent medical care.

In order to receive compensation after an accident, you must demonstrate that the liable party’s relationship with you involved a duty of care.

Showing Breach of Duty

If someone else’s action led to your injury, they did not fulfill their duty of care toward you. In other words, they were negligent, careless, or malicious rather than thoughtful, cautious, and reasonable. Laborde Earles Injury Lawyers will prove this breach by collecting relevant evidence from as many sources as possible, including but not limited to:

• Statements from you, your acquaintances, experts, and witnesses
• Police reports
• Medical records
• Photos and/or videos of the accident
• Reports or evidence of previous infractions

Showing Causation

Finally, we need to show that the injuries you suffered directly result from the accident or incident. In other words, there must be solid causation. We can investigate the situation and prove the incident caused your injuries, trauma, and pain. What types of injuries can you receive compensation for? Some of the categories for which you might collect include:

• Medical costs, e.g., medications, assistive devices, surgery, X-rays, and other tests
• Lost wages, e.g., the money you could not earn while recuperating from your injuries
• Future income, e.g., the money you expected to earn but now cannot due to permanent and disabling injuries
• Pain and suffering, e.g., physical pain, emotional trauma, nightmares, inconvenience
• Reduced quality of life, e.g., the inability to take care of yourself or your children, manage household chores, or participate in enjoyable activities
• Disability, e.g., amputation, nerve damage, traumatic brain injury (TBI), or other injuries that will not heal properly or completely
• Property damage, e.g., damage done to your car, bicycle, or other vehicle

I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.