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In the aftermath of an accident, a question often arises: Could I qualify for a personal injury claim? Is the fault of this incident on someone else? One reliable way to clear these doubts is by getting in touch with a proficient personal injury lawyer for a complimentary legal discussion. Connect with Law Offices of Fernando D. Vargas at 909-982-0707 to get a clear perspective. Alternatively, continue reading to assess whether your situation possesses the essential prerequisites for a claim.

The Obligation of Duty of Care by the Offending Party

For legal negligence to be assigned in your situation, there must have been an incumbent duty of care owed to you by the individual at fault. As an illustration, a teacher entrusted with your child at school has a lawful duty to oversee your child. Similarly, employers generally are obliged to maintain a secure working environment. Homeowners must make certain their homes are free from obvious dangers. If the offending party did not have a duty of care towards you, they cannot be held accountable for your injury.

The Breach of Duty of Care by the Offending Party

Merely because a duty of care is owed to you and you sustained an injury on their premises does not mean they are accountable for your medical expenses. Take, for example, a supermarket that recently mopped its floor and displayed a warning sign about the wet surface – they would not be considered at fault for any injuries incurred. However, if they were aware of the wet floor and failed to provide timely warning signage, then they could be deemed responsible.

The Injury Should be Directly Linked to the Actions (or Lack Thereof) of the Defendant

The violation of the duty of care must be the chief cause of the incident. Tragically, sometimes it can be complex or unfeasible to definitively demonstrate that the breach directly resulted in the accident. In other instances, establishing that the breach was the primary cause can be challenging when there are multiple contributing factors.

The Injured Party Should Have Incurred Damages

Even if the defendant violated their duty of care and such breach led to injury, a case is not viable unless tangible damages can be proven. For instance, if a breach in duty of care resulted in you falling and scraping your hands, it is unlikely that significant damages were suffered. However, if the fall resulted in a broken hip, then a claim would be valid.

Connect with Law Offices of Fernando D. Vargas today at 909-982-0707 for a complimentary legal discussion with a seasoned personal injury lawyer.