Personal Injury Lawyer Ames, IA
One of the most critical pieces of a personal injury case is proving negligence. In order to be successful in obtaining a personal injury award for settlement, an Ames, Iowa personal injury attorney needs to prove that the alleged at-fault party’s behavior was negligent.
If you or a family member has been injured in an accident caused by someone else’s actions, contact a personal injury attorney in Ames, IA from Johnston Martineau to find out how we can help.
According to Iowa law, negligence occurs when there is a failure to take reasonable care in order to prevent causing injuries or losses to any other party. In order to prove negligence, the following four elements must exist:
- The at-fault party had a duty of care
- The at-fault party breached that duty
- The at-fault party’s breach resulted in the victim’s injuries
- The victim losses because of those injuries
Duty of Care
Proving negligence means proving that the alleged at-fault party owed a duty of care to the victim. For example, a person who is granted a driver’s license owes a duty of care to all those he or she shares the roads with to drive safely and obey all traffic laws.
Duty of Care Breach
An alleged at-fault party is negligent if they breach the duty of care they have to the victim. Using the above example of a driver’s duty of care to obey all traffic laws, if the driver ran a red light and crashed into a vehicle that had the right of way, that driver breached their duty of care to other commuters to obey all traffic laws when they did not stop at the traffic light.
Still using the above example, it was the driver’s failure to obey the traffic laws and stop at the red light that directly caused the crash. Had the driver not breached their duty of care, there would not have been a crash.
If the victim suffered injuries and/or damage to property as a result of the accident, then the driver who ran the red light would be legally liable for any losses the victim suffers as a result. If the victim did not suffer any losses, then there would not be any liability on the part of the at-fault driver. In some cases, such as a drunk driving accident, a victim may also be awarded punitive damages which are meant to punish the at-fault party for especially egregious behavior.
Let an Ames, IA Personal Injury Attorney Help
If you have been injured as a result of another party or parties’ negligence, contact Johnston Martineau, LLP to find out what legal recourse you may have. A personal injury attorney Ames, IA clients trust can help you obtain the financial compensation that you deserve for medical expenses, loss of wages, pain and suffering, and any other losses you have suffered. Call today to set up a free and confidential consultation.