The stress and frustration that comes after suffering an injury can be overwhelming. The immediate physical pain is often just the beginning. Beyond the discomfort are concerns about how the injury may disrupt your daily life, work and personal responsibilities. Furthermore, injuries often bring financial burdens and emotional distress.
Amidst all this, you might wonder whether someone else’s actions (or lack thereof) contributed to your injury. Determining the cause of your injury is crucial, not just for peace of mind but also for understanding your rights and figuring out who to hold accountable.
Identifying negligence is the key to determining fault
Identifying negligence helps to pinpoint who is at fault by connecting their careless behavior to the injury you experienced. You hold the keys to this determination by examining the circumstances surrounding your injury. Ask yourself the following questions:
- Did someone owe you a duty of care?
- Did they breach that duty through carelessness or inaction?
- Was their breach of duty the direct cause of your injury?
- Did you suffer damages because they breached their duty?
Suppose you are walking through a grocery store when suddenly, you slip on an unmarked wet floor, resulting in a sprained ankle. The store has a duty to maintain safe conditions for customers. They breached their duty by neglecting to clean up or at least warn you of the spill. Your injury directly stems from this breach, and you have incurred medical expenses and perhaps missed work. In this scenario, these elements suggest that someone else is at fault for your injury.
Determining fault is not always easy
You might find yourself hurt in situations where fault is not immediately apparent. Consider a car accident where multiple factors are at play or an injury at work where both employer negligence and a third party’s actions are involved. You will not know who is to blame for your injuries until a thorough investigation occurs. Gathering evidence becomes instrumental as it can help you build a picture that clearly points to someone else’s liability.
The stress of an injury is not just about dealing with the present. It also involves concern for the future, as you must worry about the long-term consequences of your injury. Determining fault is the first step toward obtaining the compensation you need to make a full recovery.