These four elements of negligence are crucial to a successful personal injury case.

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Proving your personal injury claim:

Understanding the four elements of negligence.

Personal injury law encompasses a wide variety of injuries, accidents, issues and problems that may arise in everyday life. However, the one shared factor that all successful personal injury cases have in common is the ability to demonstrate negligence. In other words, the person who suffered the injury needs to establish the other party’s fault.

Below, we’ll examine the four elements of negligence required in typical personal injury lawsuits. An experienced personal injury lawyer will know how to review your claim, examine evidence, establish the other party’s negligence and determine damages.

Were you injured in an accident? Free, confidential case review:  855-702-9061

Establish a Duty of Care

The first element of negligence that must be proved is that the defendant (negligent party) in a lawsuit owed the plaintiff (injured party) a duty of care.

A duty is an obligation to conform to a particular standard of conduct. To determine whether a duty exists, the court considers several factors, including the risk, foreseeability and the likelihood of injury. This can be a complicated element to prove, and several cases through the years have helped define the scope of this legal duty of care.

Prove That the Duty of Care Was Breached

After the plaintiff has proved that a duty existed, the next element of proof involves showing the court that the defendant breached this duty.

Whether or not a duty was breached is determined by using the ‘reasonable person’ standard. Specifically, the plaintiff must show either that the defendant did something a reasonable person would not have done under those circumstances, or that the defendant failed to do that which a reasonable person would have done. If so, it’s likely that the legal duty of care has been breached.

Proving Causation

If the two elements above are successfully proved, the plaintiff must then prove to the court that the defendant’s actions caused the injuries suffered by the plaintiff.

This is one of the most complicated aspects of being a personal injury lawyer, as the defendant can cause the injuries suffered by the plaintiff either directly or indirectly.

Actual Damages

Finally, in addition to the three elements of negligence above, a plaintiff must prove that he or she suffered from an actual, tangible injury that can be remedied by money damages.

Common types of damages include, but are not limited to, medical costs, lost income, pain and suffering and disability.

After an accident, turn to McDonald Law Firm.

We understand that recovering from your injuries is your top priority.

Let our experienced and compassionate attorneys guide you through the personal injury litigation process. Our firm has extensive experience representing victims in the most common personal injury claims, like drunk driving and truck accidents, but has also represented victims of complex, unique personal injury claims. We will be by your side from day one and will work tirelessly to find the best possible solution for you and your loved ones.

Contact us today for your free case review to determine your best legal options moving forward. Call us at 855-702-9061 or complete the contact form on this page.

Let’s talk.

Call: 855-702-9061
Text: 817-203-0260

  • This field is for validation purposes and should be left unchanged.
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