Don’t be a Victim of Negligence

As we go on with our daily life, we always make a point to be responsible and careful enough against accidents and other unfortunate incidents. We can not foresee what will happen to us during the next minute of our lives, but it is better to exercise caution in everything we do so as to prevent anything unpleasant.

Aside from exercising care for ourselves, we also have to be careful of negligent actions committed by others. Remember that other people can become negligent without meaning to be. Looking out for and being aware of negligence by others is very advisable in avoiding accidents.

According to the law, negligence is the failure to exercise ordinary care by act or omission. It is either doing what a sensible person wouldn’t do in certain circumstances or not doing what a sensible person would do in certain circumstances.

Aside from general or ordinary negligence, there is also gross negligence. It is doing or failure to do something recklessly which demonstrates a considerable lack of concern whether an injury may result from it..

Effects of negligence, either ordinary or gross, may range from light to very grievous injury on a victim.

Negligence can occur in different places and different situations. An employee can fall victim to hazardous working conditions because of negligent acts by the employer. A patient can take a turn for the worse because of medical malpractice. A passerby may acquire grave physical injuries because of slippery walkways. Almost anyone at all can fall victim.

There are necessary legal steps to take for victims of negligence. One can file for personal injury claims. There are three main types of these, the road traffic accident claims, employers’ liability claims and public liability claims. The victim who’s filing the claim also has the responsibility, as claimant to prove that negligence has been committed. The Court need to be persuaded that the person being accused is to blame for the accident and indeed has committed breach of statutory law owed to the victim.

Several types of evidence need to be produced by the claimant in order to strengthen his or her case. Statements of the witness, medical records for injuries sustained, expert’s evidence, record of employment and occupational health file, photographic and/or video evidence and police officers or other public servants’ reports. Invoices, estimates and receipts may also come in handy. These are all important to produce in whatever type of personal injury claim a victim is filing for.

There are also other things to prove to further establish a personal injury claim regarding negligence. It should be proven that defendant owes the victim a duty of care and there has been a breach of such duty and the breach caused some losses like damage of property or personal injury), which were reasonably predictable.

It is tough luck to become a victim of negligence, tougher still to have to go into the trouble of filing and establishing a lawsuit. In order not to go through such unsavory experiences, this certain saying serves as a very good piece of advice, “an ounce of care is whole lot better than a pound of cure.”