What Is the “Duty of Care” in a Montana Personal Injury Accident?

Duty of care is a critical element of personal injury cases because it’s needed to prove negligence. Duty of care refers to the obligation to act in a reasonable manner to prevent harm to others. For the injured victim (the plaintiff) to have a valid personal injury case and pursue compensation for their injury, they must prove that the other side (the defendant) owed them a duty of care.

Establishing the other party owed you a duty of care can be more challenging than it seems, and for a claim to be pursued, you must be able to establish you were owed a duty of care. An experienced Montana personal injury lawyer will have the expertise to help you determine the validity of your claim. Once they determine the validity of your claim, they can help you build a strong claim to ensure you recover the compensation owed to you.

What Exactly Does “Duty of Care” Mean?

Duty of care is the legal obligation individuals and entities owe to others to prevent causing harm. A person or entity that fails to adhere to their duty of care may be held financially responsible should any damages arise. Duty of care applies to everyone and every entity in almost every instance. Duty of care law outlines an appropriate standard of care in a given situation. There are many different types of personal injury claims. However, regardless of the type of incident, the other party must have a duty of care. Some examples of entities or individuals who owe a duty of care include:

●      Medical professionals: Medical practitioners have a legal obligation to their patients to provide reasonable care that meets the acceptable standards of their duty of care.

●      Business owners: Business owners must maintain reasonably safe premises for customers who visit their property.

●      Product distributors and manufacturers: Companies or individuals who produce or sell products owe a duty to everyone not to sell a product that is defectively designed or manufactured. 

●      Drivers: Drivers owe a duty of reasonable care to everyone they share the road with.

●      Private and commercial landowners: Landowners’ should maintain and care for their premises or give fair warning about dangers to any visitors.

Proving the other party owed you a duty of care is a critical part of any type of personal injury claim. Without an established duty of care, there is no case. That said, the duty of care is just one of four elements of a personal injury claim.

The Four Elements to a Personal Injury Claim

The plaintiff and their attorney must prove all four elements for a successful personal injury claim.

●      Establish duty of care: The defendant owed a duty of care to the victim.

●      Breach of duty of care: The defendant’s inactions or actions failed to meet the standard of care they are legally required to provide the plaintiff.

●      The defendant’s breach of duty caused the accident and subsequent injuries.

●      Proof of the damages the victim sustained and the extent of the damages the victim sustained to establish the value of their claim.

Proving the defendant breached their duty of care can be a complicated process depending on the circumstance of your personal injury claim. Insurance companies often take advantage of injured victims’ vulnerability and lack of knowledge of their legal rights. Protect your right to fair and just compensation by working with a skilled Montana personal injury lawyer. They can help ensure you receive your claim’s full and maximum value.

Contact an Experienced Personal Injury Lawyer at Morrison Sherwood Wilson Deola

When you’ve suffered an injury due to another parties’ negligence, it’s important to seek legal help as soon as possible. Attempting to tackle a personal injury claim on your own may result in a lower settlement offer or having your claim denied entirely. Insurance companies will likely take advantage if you are not well versed in personal injury law and your rights to fair compensation.

At Morrison Sherwood Wilson Deola, we believe that individuals who have been hurt by another party’s negligence deserve to be fairly compensated. We are committed to helping Montana residents pursue the fair compensation owed to them. Our attorneys will make sure that you follow the necessary steps, meet all the requirements, and build a strong case to achieve the best possible outcome for you. Call us at (406) 442-3261 or fill out our contact form to schedule a consultation with one of our personal injury attorneys.