Constructing a Personal Injury Case

When a person is injured in an accident that was caused by another party's negligence or recklessness, the injured party may opt to file a personal injury suit in order to receive compensation for their losses. A successful personal injury case requires the assistance of an experienced attorney who is able to prove that the other party was negligent or reckless. In order to prove negligence, four criteria must be met.

Proving Negligence

In order to be considered "negligent" in the eyes of the law, the following four criteria must be satisfied:

1. The defendant must have owed the plaintiff a certain duty of care. For example, a construction site supervisor owes his employees a safe working environment. Along the same lines, a landlord owes their tenants a home without hazards, such as lead paint, leaky gas lines, or structurally unstable staircases.

2. The defendant failed to provide this duty of care to the plaintiff.

3. The defendant's failure to uphold their duties resulted in an accident that caused the plaintiff injury or harm. This is the most difficult criteria to satisfy. Eye witnesses often play a crucial role in verifying this criterion.

4. The plaintiff suffered serious injury or damages as a result of the accident. This criterion is typically satisfied by medical records and photographs.

Expert Witnesses

After negligence is established, the injured party may consult an "expert witness" to testify on their behalf. Typically, expert witnesses are people who have extensive knowledge in one area that makes them more qualified to speak on a certain topic than the average person. For example, an expert witness may be a structural engineer who testifies that a staircase was structurally unsound, or another expert witness may be a finance consultant who calculates the losses of the plaintiff.

It is important to note that the defendant may also hire an expert witness for rebuttal.

Negotiation

After all evidence has been gathered and each party has built their case, settlement negotiations will begin. One party will make an offer, and the other party will review the offer. If they believe the suggested amount is too high or too low, they will reject and resubmit a new offer. Negotiation will continue until both parties are satisfied; however, if they are not able to agree, the case may be presented before a judge who will decide the amount of compensation the plaintiff receives.

For more information on personal injury suits, contact the Oklahoma personal injury lawyers at the Abel Law Firm today.