How is Negligence Prove in Personal Injury
Whether you were hurt in a severe car accident, harmed by a defective product, or injured at a construction site, you need a lawyer who understands how to effectively handle a personal injury case. Many people are injured each day because of the negligent actions of others. Fighting a personal injury claim is often challenging however, so it’s recommended to work with a lawyer who specializes in personal injury and understands how to build an argument to show that negligence clearly resulted in your injury.
How is Negligence Proven?
It is not always easy or straightforward to prove that negligence occurred. The burden lies on the plaintiff to present concrete evidence that a person’s actions directly caused their injury. A lawyer has to carefully collect the accurate facts and evidence that clearly explain this. With an insufficient body of evidence, a case can be dismissed or thrown out by a judge in court.
4 Elements of Negligence
Experienced personal injury lawyers who work for a top law firm, like those from Brown Kiely, LLP are familiar with the four main elements required to prove negligence. They are explained in detail below:
- Duty. This refers to the general responsibility that people have to ensure each other’s safety. For example, a doctor has the duty to provide an adequate standard of care for their patient. A lawyer examines if the victim was owed a legal duty by an individual.
- Breach. When a person violates their duty or fails to execute a standard of duty, a breach of duty occurs. One example is when a property owner notices a hazard and fails to remove it and install a visible sign, which then causes a victim to slip and fall.
- Causation. A critical aspect of negligence is causation, which involves showing that a person’s negligent actions directly resulted in harm to the victim. A lawyer may investigate whether the defendant knew that their actions could cause potential harm, such as in the case of a driver who chooses to run a red light.
- Damages. Damages a victim may recover in a negligence case includes both economic and non-economic damages, which can include past and future medical bills, lost earnings, property damage, emotional anguish, diminished quality of life, and general suffering.
Given the complexities of a personal injury case and the difficulty in proving negligence, victims should consult with a trusted lawyer for detailed legal guidance. To schedule a case evaluation, contact a top law firm to get started now.