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What is Duty of Care?

What Is Duty Of Care

The basis for the majority of personal injury claims is the legal term “breach of duty of care.” When another party acted in a way where they breached their duty of care and you sustained injuries as a result, you have a strong case to file a personal injury claim. It is vitally important to your chances of obtaining a fair settlement that you speak with an Arizona serious injury attorney about your accident situation so that you can determine if a breach occurred.

Defining Duty Of Care

Duties of care can vary based on the situation and they define what legal obligation we have in various circumstances. Often, you may hear of a medical professional breaching their duty of care to their patient. If a doctor strays out of the standard medical protocol and industry standard for treatment and the result is a patient suffers harm or dies, a valid argument for breach of duty exists.

When it comes to traveling on the road, drivers are expected to behave in such a way that they don’t put others in harm’s way. Excessive rates of speed or drinking while driving can be a breach of the expected behavior that is required for road travel. 

The breach comes into play when the person neglects to exercise their duties. Looking at all the details in an accident is highly important in building your case. Your lawyer will examine your case and look at the following factors:

  • Did a duty of care exist in your accident situation?
  • Was there a breach in that duty?
  • Were the damages that you endured a result of a breach of the duty of care?

When all of these things listed above are true, you will have an easier time placing responsibility on the negligent party that did you harm. Duty can be breached by one party or by multiple parties. An experienced Arizona car accident attorney can break down your case to figure out where the responsibility for your damages lies and define a clear path forward for help you obtain a full and fair settlement.

What Are Causation And Damages

What Is Duty Of CareOnce your legal representative has the information on how your duty of care was breached, they will then move to determine the causation and the damages. The causation will explain that the breach of duty of care is what directly lead to your injuries. If there was no breach you wouldn’t be injured. If you cannot prove causation you will have a difficult time proving your case.

The damages will be calculated based on the outcome of your situation. Lost wages, medical treatment, pain and suffering, property damages, loss of quality of life, and disabilities are just some of the burdens that your lawyer will put a monetary value to when figuring out what is a fair settlement amount for your claim.

After an injury accident, call the experienced lawyers at ELG today at 623-562-3838 to schedule a free consultation at your choice of either of our Phoenix or Mesa, Arizona locations. One of our bilingual injury attorneys is looking forward to helping you seek your full legal justice.

  • By: Arizona Legal News
  • Published: February 14, 2020

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