How is Negligence Proven in a Personal Injury Claim?

Personal Injury Med

When you’ve been in a car or slip and fall accidents, you can file a personal injury claim to earn compensation for the damages. However, in most of these cases, the injured party may be required to prove that the responsible party acted in a negligent manner. There are 4 elements of the claim that the injured party must meet to prove negligence. For complicated personal injury cases, it is recommended you hire an experienced personal injury lawyer. A lawyer could offer legal guidance and work to get you much needed compensation for your injuries.

To act negligently is to act in a reckless or careless manner. The negligent actions of one person can easily lead to the injury of another. For someone to be found negligent, the following must be proven:

  • Duty of Care: The injured party will need to prove that the accused had a legal duty to act with reasonable care. An example of this is when the accused drives a vehicle. When using a car, the accused was required to exercise his duty of care and act in a reasonable manner. By doing so, accidents could be avoided.
  • Breach of Duty of Care: Should the accused be legally responsible for acting with reasonable care but are found to have breached this duty of care, they could be found responsible for injuries that resulted from an accident caused by this breach. Breaching duty of care usually means the accused acted in a negligent or careless manner, rather than with reasonable care.
  • Carelessness Caused Injuries: The injured party must prove that the breach of duty of care resulted in their injury. This element further looks at whether the accused was aware that their actions could have resulted in an injury. If the accused action’s causes an unexpected act of nature, the accused may not be responsible for the unforeseeable action. For these types of complicated personal injury lawyers, make sure you hire a lawyer to help navigate you through any confusing aspects of your case.
  • Damages: The court has to be able to compensate the injured party with monetary compensation. This compensation can be used for medical care or treatment.

Keep these 4 elements in mind before filing a personal injury claim. Remember you will be required to prove each element before the accused is found responsible for your injuries. If you’re not sure whether you have a strong enough case to prove negligence, contact a personal injury attorney. The experienced lawyers at the Law Offices of Dennis E. Block will work to ensure you get the compensation you deserve for your pain and suffering.