WHAT YOU NEED TO KNOW ABOUT PERSONAL INJURY LAW
The personal injury law empowers an individual to claim compensation for the injury or suffering caused by the negligence of another person. To have a successful claim of personal injury, the claimant has to prove a duty of care owed by the defendant to the claimant, a breach of duty of care, and an injury caused to the claimant due to the breach of duty of care. For example, a motorist owes a duty of care to safely operate the vehicle. If the motorist drives recklessly and causes injury to another person, then it will constitute a breach of duty of care and the injured person will be entitled to claim damages from the motorist.
The duty of care refers to a reasonable behavior expected from a reasonable person in the given circumstances. The purpose of the duty of care is to promote reasonable behavior and prevent reckless behavior which may cause harm to another person. To prove a duty of care, the relationship of the claimant and the defendant is taken into consideration. If the defendant can reasonably foresee an injury that may be caused to the claimant due to the negligence of the defendant, then the defendant owes a duty of care. Therefore, the claimant in a personal injury claim has to establish a duty of care with the defendant.
