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4 factors that prove negligence in a personal injury claim

On Behalf of | Oct 25, 2021 | Personal Injury |

If you are hurt following an accident, you might be wondering what you need to do to obtain fair compensation for your damages. In order to win your personal injury suit, you need to prove fault. This legal concept refers to the amount of evidence you can produce in court against the defendant. 

Plaintiffs have the burden of proof, meaning it’s up to you and your legal counsel to show that you were the victim and the other party was responsible for your injuries. Here are the four elements that you must show in court for your personal injury claim to be valid:

1. Duty of care

Duty of care refers to the defendant’s responsibility to ensure your safety. For instance, every motorist has an obligation to use the road in a safe and responsible manner to protect other motorists.

2. Breach of duty

Once a duty of care is established, you must convince the court that the defendant breached this duty. Breach of duty happens when the defendant fails to exercise care in a manner that any “reasonable person” would under given circumstances.

3. Causation

This is determined by whether the defendant’s actions (or lack of action) directly resulted in harm to the plaintiff. You must prove that the defendant’s negligent or reckless acts were the reason you suffered your injuries and losses and that you would not have sustained these if the defendant acted otherwise.

4. Damages

The final element you must prove during a personal injury claim is the resulting damages. You must prove that the defendant’s actions resulted in actual damages such as medical costs, loss of income and property damage. 

Personal injury lawsuits can be complicated. To prevail in your personal injury claim, it helps to have some experienced guidance as you move forward with your claim.