Accidents of various types keep happening. If you are unfortunate to become a victim of an
accident, you should be rightfully compensated for the injuries suffered and for other
damages. The insurance companies and other parties may use a lot of legal jargon while
negotiating a claim. You may be hearing these terms for the first time. This is why you need
an accident attorney to explain these terms and make you understand the meaning, and why
they are used.
However, we are trying to explain a few things to you that is mentioned commonly when
dealing with an accident claim.
Duty Of Care
A person is liable to compensate your loss only if he is responsible for your safety. This is
called duty of care. He can be termed as negligent only if he had not fulfilled his duty to care
for your safety. If that is not the case, then there is no liability for him.
For example, if a person goes into an office and finds nobody there. There is an area clearly
marked that it was only for employees of the office. He goes into that area searching for the
employees. If the person who went into the area meets with an accident there, the owner of
the company or the company is not liable to pay for any compensation. The victim had no
right to be in that area and the company owner had no duty to care for a person who walks
into an unauthorized area.
What Is Reasonable Care?
Everyone is supposed to take reasonable care to ensure that they don’t cause injury to others.
The same cause of injury may be dealt with differently in different circumstances.
If a man is hurt by a ball hitting him while watching a match, then the one who hit the ball is
not held responsible. He has hit the ball only in a field that was meant to play ball. He has
taken reasonable care.
If the same man is hurt by a ball hitting him on a sidewalk, then the person hitting the ball is
held responsible because the sidewalk is not a place to play ball. Here has not acted with
In the above cases, the responsibility of the person is clearly established. However, there are
many cases where there may be ambiguity as to whether the person who caused the accident
was negligent. In such cases, you need an accident attorney.