Proving Negligence

In order to have a successful personal injury claim, you will have to be able to prove that the driver who caused the accident acted negligently. Leslie Duberstein Glenn P.A. can help you gather the necessary proof to build a case against the at-fault party. The important criteria for  proving negligence in a personal injury case includes:

Duty of Care: When a person gets behind the wheel of a vehicle they have a duty to act responsible by adhering to traffic laws and driving safely. This is to protect not only themselves but also others.

Violating the Duty of Care: When there is a breach in a driver’s duty of care, it is because the at -fault driver has act reasonably or responsibly while behind the wheel. this may include being distracted while driving such as by texting or talking on the phone. this may include driving under the influence of drugs or alcohol. this may include driving without enough sleep. there are many reasons that can lead to a car accident.

Caused Harm/damages: As result of the breach in duty of care, someone was injured. To prove causation, you will have prove that your injuries were due to the accident caused by the driver who violated their duty of care.

You Suffered Damages: In order to receive compensation for your personal injury claim, you will have to prove that you suffered in some way from your injuries. In addition to the physical injuries you have suffered, there are a number of additional factors leading to loss resulting from an accident, for example:

• Loss of income from time away from work;
• Medical bills;
• Damage done to your vehicle.
• Pain and suffering.
• Mental anquish .
• Inconvenience.
• Aggravation.
• Loss of capacity of enjoyment of life.

Important Documentation

Documentation will be an important way of proving that the driver of the car was negligent. Leslie Duberstein Glenn P.A. can help ensure that you have all of the necessary proof for your claim. To accomplish this, the following documentation will be important:

• Accident or police reports;
• Doctor’s notes/medical records;
• Your notes detailing your account of the accident;
• Eyewitness accounts;
• Photographs from the scene.

Documentation proving the damages that you suffered will be crucial when it comes to determining the total award or compensation that you may receive. Gathering the following records will be necessary as Leslie Duberstein Glenn and her team Starts to build your case:

• Lost wages– copies of your previous W2s, paycheck stubs, etc.;
• Medical expenses—receipts;
• Damage to your vehicle– receipts or estimates for repairs;
• Miscellaneous expenses– written, with date and location included.