A breach of duty is a civil wrong. It occurs when a person who owes another person a duty of care fails to meet the standard of care required by law. This can result in the injured party suffering damages as a result of the breach.
Three elements must be present for there to be a breach of duty:
1) The defendant owed the plaintiff a duty of care
2) The defendant breached that duty
3) As a result of the breach, the plaintiff suffered damages.
The first element is generally not difficult to establish. It will be clear that one person owed another person a duty of care in many situations.
The element of a breach of duty is also generally not difficult to establish. It will be clear that the defendant has breached their duty if they have failed to meet the required standard of care.
The final element, causation, can sometimes be more difficult to establish. The plaintiff must show that the breach of duty was the cause of their damages. In other words, the damages would not have occurred but for the breach of duty.
How Can a Lawyer Help Me Prove a Breach of Duty?
A breach of duty occurs when an individual fails to uphold their legal obligations. This can happen in a variety of situations but is most commonly seen in negligence cases. If you have been injured due to someone else’s negligence, you may be able to file a personal injury lawsuit. A lawyer can help you prove a breach of duty by collecting evidence and building a strong argument for compensation.
What Compensation Can I Recover for My Case?
The answer to this question will depend on the specific facts and circumstances of your case, as well as the state law that applies. However, there are some general categories of damages that are commonly awarded in cases involving a breach of duty.
Compensatory damages are the most common type of damages awarded in breach of duty cases. These damages are intended to compensate the victim for actual losses that were incurred as a result of the defendant’s breach of duty.
Punitive damages are not intended to compensate the victim but rather to punish the defendant and deter others from engaging in similar conduct. Punitive damages are typically only awarded in cases where the defendant’s conduct was particularly egregious. In some cases, victims may also be able to recover their attorney’s fees and other litigation costs.
How Beneficial Can Hiring a Personal Injury Lawyer Be?
Hiring a personal injury lawyer can be extremely beneficial in these types of cases. Lawyers have the experience and knowledge necessary to build a strong case and fight for the compensation you deserve. Let us be there for you when you need support. If you have been injured due to someone else’s negligence, contact a personal injury lawyer on our legal team at (912) 401-8880 to discuss your case.