Though legal jargon can quickly become confusing, proving liability actually comes down to demonstrating three simple points:
1. The other party owed you a duty of care, or the reasonable amount of responsibility that a person in their position would owe to a person in your position.
For example, in a car accident case, this would be simple because all drivers owe it to other motorists to be safe, drive the speed limit, follow traffic laws, etc. However, in a medical malpractice case, proving the duty of care may become more complex and require expert testimony to prove the level of care the healthcare provider should have given.
2. Next, it must be shown that the duty of care was breached. In other words, the other party was negligent and did not uphold that basic responsibility.
This could take the form of distracted or impaired driving leading to a collision, misdiagnosis or failure to diagnose resulting in medical malpractice, or a fall caused by failure to maintain a hazard-free property.
3. Finally, you have to demonstrate that the negligence of the at-fault party was directly responsible for your injuries.
Unfortunately, the liable party and their insurance adjusters will likely try to downplay their involvement and claim it was your fault.
Don’t worry about striking out with the insurance companies on your own — get Gauthier Amedee on your side!