Breach of Duty and Causation in Personal Injury Cases
Negligence is the most common reason for filing personal injury cases. Before making a claim, you must be able to establish certain legal elements to improve your chances of winning. Two of the things you need to prove are breach of duty or causation.
Breach of Duty and Causation
Breach of duty occurs when a person creates or allows a dangerous situation beyond the usual level of risk you may encounter while doing your daily routine. Determining the breach is easy in some situations. One example is going over the speed limit, and a person who is driving has a duty of care to simply follow it. By going over the speed limit, he already breached it and put other people unnecessarily at risk. In other situations, determining the breach of duty becomes difficult because compliance is not an all-or-nothing case.
Once you establish breach of duty (such as when someone overspeeds or fails to make a proper repair), the other person has a legal responsibility for the injuries he caused. However, in certain situations, the other individual may claim that despite their negligence (breach of duty), it is not the only cause that led to the accident. Your failure to stop at a red light or carelessness may be part of the reason.
Causation complicates a personal injury case, lawyers must establish negligence of both parties and decide whether to build a case or not, as well as determine the amount of damages that a plaintiff or defendant will get.
With the help of Tyrone Law Firm, you will get an experienced counsel who will establish your rights and build your case.
Tyrone Law Firm Practice Areas
At Tyrone Law Firm, we represent those who incurred serious personal injuries because of another's negligence. Most of our clients have sustained permanent or debilitating injuries that lowered their quality of life. No two cases are alike; that is why we discuss a case with each client and help them through the process.
Contact us to learn more about the services we offer.