Proving Negligence

When involved in an accident, fault may be difficult to determine. The most common way to attribute fault to a party is by proving that they were negligent; however, establishing negligence is not always easy. There are four criteria which must be present in order to establish that another party’s negligence was the cause for the accident and subsequent injuries.

If you have been injured in an accident because of another party’s negligence, you may be eligible to receive compensation for your losses. Contact the Oklahoma personal injury lawyers of the Abel Law Firm to determine your legal options. Call (405) 239-7046 today for a free case evaluation.

The Criteria

The following four circumstances must be proven in order to establish another party as negligent:

  • The defendant must have owed the claimant some duty of care. For example, a landlord owes their tenants working fire alarms, structurally stable staircases, and a lead free home.
  • The defendant failed to uphold their duty of care. If a potential hazard was brought to the defendant’s attention, but they failed to resolve the problem, then they failed to uphold their duty.
  • The defendant’s negligence was the cause for the claimant’s injury. This criterion is slightly harder to prove; however, testimonies from eye witnesses and expert witnesses may help.
  • The claimant’s injuries were substantial. This is typically proven by the presentation of medical records, such as hospital visits.

Demonstrating that you deserve compensation from a negligent party is not always easy. However, the assistance of a qualified Oklahoma personal injury attorney can increase your chances of success.

Contact Us

If you are considering filing a personal injury claim, you will need the help of an experienced legal representative. Contact the Oklahoma personal injury lawyers of the Abel Law Firm at (405) 239-7046 to discuss the details of your case.

Ed Abel Named Oklahoma City Personal Injury Litigator of the Year

Ed Abel was awarded the Litigator of the Year award as recognition of his tremendous success in the courtroom defending the lives of Oklahomans, and his unique service as a true son of the State of Oklahoma. He has won some of the largest verdicts in Oklahoma's history, and he and his team have successfully argued against harmful tort reform laws in the state Supreme Court. His impact is so widespread across the state that Governor Mary Fallin declared May 1st as "Ed Abel Day."

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