How to Prove Negligence in a Personal Injury Claim

How to Prove Negligence in a Personal Injury Claim

When you file a personal injury claim, you’ll more than likely have to prove that someone was negligent in causing the accident and that you sustained injuries due to that negligence. A negligence claim has four parts that must be proven by the injured party in order succeed. Personal injury cases are often far more complicated than people expect.  Make sure to seek the legal counsel of an experienced personal injury attorney to help you recover in your case. An experienced personal injury attorney will have the legal knowledge you need to navigate a complex personal injury case.

The Four Elements of Negligence

You will have to prove the following four elements in your personal injury case:

1. Duty – the injured party must prove that the accused owed them a duty of care. This means that the law imposes a duty on the responsible party to act in a reasonably safe manner around the injured party
2. Breach – the injured party must show that the accused party breached the duty of care by acting in a negligent (meaning unreasonable) or careless manner.
3. Causation – the injured party will have to prove that by breaching the duty of care, the accused caused harm to the injured party.
4. Damages – the injured party will have to show that he or she suffered damages (injury or monetary loss) as a result of the accused party’s conduct.

Personal injury cases are civil cases, rather than criminal, so money damages are awarded to hold the responsible party accountable instead of jail time. Damages can include losses like medical costs, pain and suffering and wage loss.  Money can also be awarded to cover losses resulting from damage to property. Don’t be surprised if the accused or an insurance company refuses to take responsibility and tries to prevent your claim from being successful. Make sure to collect medical records and bills as well as pictures of the injuries or damages that resulted from the incident to help prove your case. If you need help with a personal injury claim, contact a personal injury attorney who can offer legal counsel to your case. The experienced lawyers at Golden State Lawyers will work to get you the compensation you deserve for your injuries. Call us to schedule an appointment today.