Most accidents are caused by an act of negligence, one that was committed by some person, some business or some organization. The person or group that has been charged with negligence has exhibited careless and neglectful behavior. If there were no witnesses, you may find it hard to prove that fact. In order to remove any doubt that a jury of judge might have, with respect to the nature of the actions taken by the other party, you must arrive at a way to prove four things.
What you have to prove:
The other party had a duty of care towards the person that was injured, or the owner of the property that was damaged. Sometimes there are legal guidelines that highlight the existence of such a duty. For instance, traffic laws showcase the duties of each driver on the road.
By breaching his or her duty of care, the person responsible for the accident increased the level of risk to which the injured party got exposed. This is the most important of the four listed proofs. If you lack evidence of this fact, you should not expect to win your personal injury case.
Personal Injury Lawyer in Waterloo knows that the breach carried out by the responsible party was the sole cause of the accident. If the plaintiff’s actions contributed in some fashion to creation of the accidental occurrence, then the plaintiff’s awarded compensation will get lowered to an appropriate degree.
You can present evidence of the damages that you have suffered, since your involvement in the accident. That evidence should make it clear that you sustained a measurable loss in some manner. You might have experienced several losses: losses caused by the cost of medical care, lost income, when you could not work, and the cost of repairing or replacing any damaged property.
The role of the witness
A statement from a witness becomes most valuable, if an injured victim must prove that the other party’s negligence put that same victim at risk. Hence, if you witness a crime, and that same crime was not captured on film, you should offer your name and contact information to the person that was placed at risk. Suppose, for instance, that a man and his family sit at an intersection with a red light. Just before it turns green, a speeding car tries to run the red light. At the same time, a pedestrian decides to cross the street.
The car’s speed put the pedestrian at risk for injuries. The man with his family jumps from his car and shares his name and contact information with the same pedestrian. A second driver does the same thing. Both of them managed to verify the speeding driver’s exhibition of negligence.