Negligence is the most common ground for personal injury cases. The injured victim has the burden of proving the legal elements of negligence to hold the at-fault party responsible for their damages. These damages could include financial losses, such as medical bills and lost wages, as well as non-economic damages for pain and suffering.
Three things necessary to prove that negligence led to your personal injury are:
Duty of Care
A duty may be owed to someone because of a legal obligation, moral belief, or custom. It creates a responsibility to act with a reasonable level of care to avoid causing harm or injury to another party. For example, a driver has a duty to follow traffic laws and drive safely.
The level of care depends on the relationship between the parties, the circumstances involved, and other factors. A jury determines the level of care for a specific situation based on what a reasonably prudent person would have done given the same circumstances.
Breach of Duty
A breach of duty means a party failed to meet the required level of care for the situation. They may have engaged in conduct that fell short of the standard of care or failed to take reasonable care. For instance, a driver speeding through a school zone could be deemed to have breached their duty.
Jurors decide whether a party breached the duty of care. They base their decision on what a reasonable person would do. For example, would a reasonable person drive at excessive speeds through a school zone?
Causation
To recover compensation, you must also link the breach of duty to the cause of your injuries. For example, if you were hit while crossing the road in a school zone, you would need to prove that the driver’s conduct directly and proximately led to your injuries.
Direct cause is why something happened. It is referred to as the actual cause or the “but for” test. For example, “but for” the driver speeding in a school zone, they would have been able to stop in time before striking the pedestrian.
Proximate cause can be more challenging to prove. It is the legal basis for holding a party liable for damages. The wrongdoer must have been able to reasonably foresee that their conduct could result in harm or injury to another person.
Jurors may find that a reasonable person could foresee that speeding through a school zone could lead to an accident.
Proving the Elements of Negligence in a Personal Injury Case
The level of proof required for a personal injury claim is by a preponderance of the evidence. This level of proof is not as high as the burden of proof in a criminal case. You do not need to prove your claim beyond a reasonable doubt.
Instead, you must convince jurors that your version of the facts is more likely to be true than not. In other words, there is a 50% chance or higher that the other party caused your injuries.
Evidence in a personal injury case may include, but is not limited to:
- Accident reports and police reports
- Medical records
- Testimony from eyewitnesses
- Statements made by the parties in the case
- Photographs and videos of the accident and/or the accident scene
- Expert opinions and reports
It can be challenging to gather evidence when you are recovering from injuries. Investigating a claim can be time-consuming and expensive. You are also taking on an insurance company with unlimited resources to fight your claim.
Hiring a personal injury lawyer can help. A lawyer has the resources and skills to investigate your case and gather evidence proving negligence. Your attorney will handle all matters related to your claim. They will also significantly increase your chances of winning your case and maximizing your compensation.
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