You can ask a Los Angeles personal injury attorney how they define a breach of duty. Oftentimes, this term is legally called, ‘negligence’. There are four elements of this breach of duty. Although the first three are easy to understand, here is a glimpse of these elements. Thereby, you will be able to understand how a breach of duty to become a personal injury case.
You have to keep in mind that any individual can contact one of the accident attorneys in Los Angeles. Even if you think you can defend and represent your case, injury lawyers in Los Angeles have their knowledge, skills, and experience to win your case. Therefore, it is always a wise decision to hire a lawyer in order to fight for your right and justice. So, if you think this other person has been violating his duty of care, you are eligible to file for a lawsuit of negligence. Before winning the case, the plaintiff has to prove on these four elements that we are talking about.
- Duty of care
- Breach of duty
How will this breach of duty turn into a personal injury?
In order for us to understand the path to a personal injury, let’s consider this individual who takes the bus everyday to go to work. One day, the bus driver was unable to focus on the road while driving. He runs through even on a red light, causing an accident to happen. This individual suffered injuries resulting from an accident involving a car and the bus in a T-bone collision. At this point, this individual could file a case against the bus driver accompanied by a Los Angeles truck accident attorney in order to recover from the accident.
So, when will this be considered a personal injury case?
If this individual can prove the bus driver’s duty of care, then he is on his way to a personal injury case. We know that it is common for a bus driver to be responsible in driving safely on the road. In other words, he has to abide by the traffic rules and road signs.
Next, this injured individual has to prove that the bus driver has breached his duty of care. At some point, the bus driver did not pay attention on the road, thus he met another car which resulted in a T-bone collision. He has to prove that he ran on a red light wherewith he was not supposed to.
Taking another step is to prove to the court that he incurred injuries from the accident that has happened. He has to take note of the damages he has received.
And lastly, this individual should not have been injured if the bus driver was focused on the road. In order to win the personal injury case, he has to prove that the injuries and damages he has incurred were caused by the breach.
At this point, the injured individual may come up with a decision whether or not to contact an attorney and seek for legal assistance as he pursues to file for a personal injury claim.