When you have been injured, there are some steps that you can take to protect your rights for a later lawsuit, if necessary. The first thing that you should always do after you are injured is to look after your health by seeking immediate medical attention. Another great step is to collect useful evidence to back up your case. This leads us to a very important question: What proof do you need to show that another party was negligent in your accident?
In a negligence case, you must be able to ask yourself whether or not a defendant acted as a reasonable person would have, given the circumstances. If a child sues their parent, the jury will look at a reasonable parent and use them as an example. If a patient decides to sue their doctor, they will look at the standards a doctor must abide by in the medical community. Proving a negligence case happens through direct evidence and circumstantial evidence. Direct evidence is that in which is derived from personal knowledge of a witness or useful photographs. Circumstantial evidence, on the other hand, requires somebody to find facts based on the evidence produced.
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Depending on the type of case you have, the negligence may be proven in a different way. For example, it is obvious that a dog bite case will be different than a medical malpractice case in many ways. And what happens in a case where you have little evidence? In a case of “res ipsa loquitur,” or “the thing speaks for itself,” a plaintiff can show that a defendant acted negligently without proof of misconduct. However, they must prove that the incident never would have happened without a negligent party or action.
Because proving negligence can sometimes be complicated, it is important to speak to an experienced attorney as soon as possible. At Maggiano, DiGirolamo & Lizzi, we will fight for your right of compensation and help answer all of your important questions. Call us today to find out how we can help.