What Is Duty Of Care In A Personal Injury Claim?

What Is Duty Of Care In A Personal Injury Claim?

Right after the accident that caused you pain and suffering, you may want to familiarize yourself with your legal rights and some of the legal terms that will be mentioned many times during the process of obtaining compensation for your injuries. Those legal terms usually involve:

  • Negligence
  • Duty of care

The first one is quite obvious and plays a big part in determining who caused the accident and who is legally responsible. 

The latter is a bit more complicated. Here is some basic information that will help you understand the true meaning of duty of care and the impact it has on a personal injury claim.

The Duty of Care

At all times, every driver has the responsibility to take care of themselves and other drivers on the road. All drivers must act reasonably and try to avoid injuring others. When people fail to meet their duties and harm others in the process, they become responsible for that harm. This is where they “breached their duty of care”. 

When it comes to car accidents, usually one or more parties is responsible for breaching their duty of care. The investigation will show who was responsible for causing the accident, and that party will be held liable for causing the accident. 

The breach of the duty of care involves:

  • Failure to act according to the law
  • Acting aggressively
  • Making mistakes due to distractions
  • Drinking and driving

When a car accident happens, the at-fault party’s insurance company has to cover for the damages and injuries sustained by the other parties involved. However, to determine who is the at-fault party, attorneys have to conduct a thorough investigation of the accident. That is why it is highly advised to get an attorney as soon as you find yourself in an accident of any type. 

As long as you have strong reasons to believe that your damages were caused by another person’s negligent actions, our Personal Injury Lawyers in Los Angeles will be able to help you file a claim and secure substantial compensation. Give us a call today and schedule your free initial consultation.

Examples of Duty of Care

Here are some examples of the duty of care in different types of injury-related cases:

  • Medical malpractice: a doctor has a duty of care towards the patient. Issuing wrong medication, misdiagnosis or mistreating the patient is considered a breach of duty of care.
  • Slip and fall: property owner has to keep their property safe and free from hazards and must act reasonably in order to discover and remove any dangers on the property. Failure to do so is a breach of duty of care.
  • Defective products: the manufacturers and sellers of a product have a duty of care towards the consumers. Selling a product that was not tested or that contains any dangerous substances could harm the consumers. 

Remember to consult with Los Angeles Personal Injury Lawyers if you believe that you have been injured as a result of someone else’s negligent actions. Our attorneys will evaluate your case and provide you with much-needed legal support and counseling. Get in touch today!