How Negligence Applies To A Personal Injury Claim
If you have been injured in an accident caused by another party, you can pursue a personal injury claim and hold them liable for the damages you suffered. For your personal injury claim to have merit, or to be successful, you must be able to prove that the accident was the result of negligence. Your personal injury attorney will help you build your accident injury claim on negligence and prove that the injuries and damages you suffered were a direct result of the other party’s negligence.
All four elements must be applicable to your case and those elements must be shown. By proving all four elements of negligence were met, you are going to be able to successfully show that the other party caused the accident in question – whether it was a car crash, trucking accident, slip and fall, pedestrian accident, motorcycle accident, cycling crash, boating crash, or something else – and that they should be held liable for your suffering of both an economic and non-economic nature.
What Are The Four Elements Of Negligence?
There are four elements of negligence. Here is a rundown of those four elements and how they could apply to an accident that led to damages and injuries.
- The first element of negligence is duty. You must prove that the other party owed you a duty or a responsibility. All drivers owe others a duty to adhere to traffic laws, stay attentive, and drive safely so they avoid collisions and protect others from harm. All businesses must properly clean and maintain premises to avoid slip and fall accidents and to keep them away from premises liability claims.
- Next, you must show that duty was breached. In this case, it could be that the driver was distracted and was looking at his or her phone or eating instead of the roadway. The distraction caused them to cross the center line and hit your vehicle. It could be a property owner failing to fix broken pavement or loose files and a fall resulting.
- The third element is showing that breach caused your accident. If the driver hadn’t been distracted, he wouldn’t have hit your car. If the tile had been fixed, you wouldn’t have fallen in the store. After the breach has been proven, it is usually easier to prove the causation aspect of negligence.
- The fourth element of negligence is showing that the damages you are claiming are a direct result of the accident caused by the breach of duty. You wouldn’t have broken your leg if the driver hadn’t been distracted and crashed into your car. You wouldn’t have hurt your back if the tile wasn’t loose and caused you to trip.
You will need to maintain evidence and supporting documentation for your personal injury claim, such as repair estimates, the accident report, witness statements, medical bills, and proof of lost wages.
Consult With A Personal Injury Attorney
A personal injury attorney can help you show that negligence caused your injuries and prove which damages you suffered. Call The Harlan Law Firm today for a free case review.