In Utah, personal injury claims must have elements of negligence. It is through evidence of negligence that victims acquire support for their claim. In these cases, the victims must acquire evidence to show that the defendant is liable for their injuries. It is through this liability or failure that the victim proves their case.
Identifying How a Duty was Owed
Personal injury claims encompass a variety of probabilities in which a duty was owed to the victim. The claims start with premise liabilities in which a property owner fails to maintain the property. They owe a duty to their visitors to offer a safe property in which the visitors won’t sustain an injury. They can include a medical malpractice as well. These cases indicate that the doctor failed to provide high-quality health care and caused an avoidable injury.
What is a Breach of Duty?
A breach of duty, for example, is when a doctor performs a surgery in which the results were not included in the known risks associated with the procedure. The doctor is at a breach of duty when they don’t follow proper protocol and they produce an injury that wouldn’t have occurred otherwise.
Defining Cause in Fact and Proximate Cause
Cause in fact indicates that if the defendant didn’t fail to provide an adequate duty that the victim wouldn’t have sustained an injury. An example of cause in fact is that if a commercial property owner had placed warning signs around a damaged area of their property, the victim wouldn’t have fallen and became injured.
A proximate cause indicates that it was the defendant’s failure that the victim sustained an injury. This shows that there wasn’t any additional party that caused the injury. It was the responsibility of the defendant only.
Reviewing the Victim’s Damage
In personal injury cases, the victim must present evidence of damages. Damages include any loss of limb, or loss of function, or ability. They must present documentation of lost wages and medical expenses.
In Utah, personal injury claims define negligence on the part of the defendant. The defendant could be a doctor, property owner, manufacturer, or a dog owner. The victim must show that the defendant’s failure is the reason in which they sustained an injury. Victims who want to start a personal injury claim contact Salt Lake City Attorneys today.