The elements of negligence are essential for every Los Angeles personal injury lawyer. These elements prove the existence of culpability on the part of the accused. Only the competent and legally skilled Los Angeles accident attorney can easily determine and manifest the proof of liability before the jury and trial court judge based on the circumstances of time, of persons, and the place. The evidentiary weight of these facts heavily tilts the scale of justice to one’s side. Thus, knowing, determining, and proving the existence of negligence through the essential legal elements provided by law give the complainant an edge over the defendant. However, proving the same is not always that easy. There are definitely exceptions to the rule that the accused can utilize for his or her exoneration.
A Los Angeles accident attorney should be of proven expertise and dedication in practicing this field of law to make sure that he or she has indeed these elements of negligence at one’s fingertips. Legally speaking, there are at least four basic elements that prove negligence. First, the private prosecution panel should show to the court that there is a legal duty to act with due care, diligence, and foresight on the part of the accused. Second, that the accused failed to perform such legal obligations in the course of performance of his or her duties. Third, it must be proven that there exists either direct or proximate causal relations between the negligent acts and that injury incurred by the victim. Lastly, the fourth element should prove damages resulting from the injuries caused by the accident due to the negligent acts of the accused.
These elements mentioned above should be sufficiently and convincingly proved by the Los Angeles personal accident lawyer to really get a favorable decision. The relationships and connections existing form these essential factors in winning a personal injury case should also be highlighted to directly pinpoint a certain act of the accused that can be undisputedly argued as the primary and proximate cause of this controversy.