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Millions of people are injured every year by the carelessness of others. If you are one of them, you will want to know how to prove negligence.
Here’s the problem:
Most people don’t understand the requirements for proving negligence in a court of law. They think it is enough to demonstrate that the other person was “at fault.” The truth is…
To win your negligence case you must prove the elements of negligence.
What you’ll discover:
- 4 Elements of Negligence
- Proving Duty of Care
- The elements of breach of duty
- How to establish causation
- Proving damages
What Is Negligence in a Personal Injury Claim?
Negligence is the failure to use reasonable care in a situation that results in another person’s harm.
It is important to remember that the term negligence is not used colloquially. It has a specific meaning in the eyes of the law. In order to succeed with a personal injury claim for negligence you must prove 4 elements.
The difference is this:
- The other person owed a duty of care to you
- The other person breached that duty of care
- The breach of that duty caused your injury
- You suffered actual damages
Negligence is not just carelessness or even fault. You must show all four elements to prove your case. Period.
Dealing with complex personal injury claims can be difficult. Working with an experienced litigation lawyer will make all the difference between winning and losing your claim. Personal injury law firms know how to create compelling negligence cases.
Element 1: Duty of Care
Every negligence claim must start with duty of care.
What is duty of care?
Duty of care is the legal obligation to behave in a way that does not cause injury to others.
Important: Not everyone owes you a duty of care in every situation.
Duty of care only exists in certain relationships under the law, such as:
- Drivers have a duty to obey traffic laws and drive safely.
- Property owners have a duty to maintain safe premises.
- Doctors have a duty to provide proper medical care.
- Employers have a duty to maintain a safe work environment.
The duty of care is not a requirement for perfection. The duty is one of reasonable care. Think of how a reasonable person would act in the same situation.
Common duty of care examples:
- Shop owners must promptly clean up spills.
- Construction companies must safely secure scaffolding
- Dog owners must control aggressive pets in public.
The duty of care element is the easiest to prove.
Element 2: Breach of Duty
Once you establish a duty of care, you need to show that the other person failed in their duty.
Breach of duty means that the other person failed to uphold the legal standard of care in a particular situation. In other words, they failed to act reasonably.
The challenge:
Courts apply an objective “reasonable person” standard. They ask what a reasonable person would have done under the exact same circumstances.
To prove a breach of duty you need evidence to show:
- What the other person did, or didn’t do
- What they should have done in that situation
- Why their actions fell below the reasonable standard
Examples of breach of duty:
- Driving through a red light
- Failing to fix known property hazards
- Not following accepted medical procedures
- Ignoring workplace safety
The key is comparing the other person’s conduct to the reasonable person’s standard.
Element 3: Causation
Causation is usually the most complex element of negligence to prove.
You must show that the other person’s breach caused your injury. There are two types of causation in negligence claims:
Cause-in-fact (But-for Causation)
This tests: “But for the other person’s action, would the injury have occurred?”
If you can remove their conduct from the equation and the injury would not have happened, you have proved cause in fact.
For example:
- But for the driver running the red light, no accident would have occurred.
- But for the wet floor with no warning signs, no slip would have occurred.
Proximate Cause (Foreseeability)
Proximate cause tests whether the injury was a foreseeable consequence of the breach.
The other person is not liable for all possible consequences of their actions. Only for those reasonably foreseeable.
The problem:
Sometimes more than one person and more than one cause contribute to the injury. You must prove that the other person’s breach was a substantial factor in causing the harm.
Element 4: Damages
The last element of negligence is proof of actual damages.
What is considered to be damages in this context?
- Medical bills and costs, both past and future
- Lost wages and diminished earning capacity
- Pain and suffering
- Property damage
- Emotional distress
Negligence requires damages. Without actual damages, there is no negligence case. Even if the other person was in breach of their duty to you, you cannot recover damages if you did not suffer actual harm.
Why Most Negligence Claims Are Difficult to Win
Did you know something that will shock you?
According to 95% of all personal injury lawsuits are settled before trial.
In other words, only 5% of all cases ever see the inside of a courtroom. But here is another shock…
Success rates for the cases that do go to trial vary widely by type of injury. For example, medical malpractice plaintiffs only win 19% of the time while plaintiffs suing in motor vehicle cases win 61% of the time.
Why such a large discrepancy?
Medical malpractice cases must prove a doctor’s actions fell below an acceptable standard. This can be nearly impossible without expert medical testimony.
Motor vehicle cases typically have more clear evidence from the police report, traffic violations, and witness testimony.
How to Build a Winning Negligence Case
Proving negligence requires a methodical approach.
Collect evidence for each of the elements of negligence:
- Duty:Legal relationship between parties
- Breach:Facts of what happened vs. what should have happened
- Causation:Medical records and reports linking injuries to accident
- Damages:Bills, records, and evidence of all losses.
Common challenges for Proving negligence
Even with a strong case, most negligence lawsuits face predictable challenges from the defense.
Defendants always try to claim that they didn’t owe the plaintiff a duty of care, acted reasonably, did not cause the injury, or that damages were not as severe as claimed.
Insurance companies love to downplay injuries, argue partial fault, challenge damage calculations, and delay in the hopes that you will settle for less compensation.
This is why experienced legal counsel is so important.
When To Engage a Personal Injury Attorney
You will need the help of an attorney when injuries are serious, liability is disputed, multiple parties are involved, or initial insurance offers are low.
Professional litigation lawyers understand how to collect evidence, hire experts, calculate damages, and negotiate to achieve a favorable outcome.
Personal injury law firms will work on a contingency basis, where you only pay if you recover compensation.
Time is of the essence, though. Negligence lawsuits are subject to time limits called “statutes of limitations.”
You have a limited time after the incident to file your lawsuit. The specific deadlines vary by state and injury type. Miss the deadline, and you lose the right to sue forever.
Summary
The bottom line is that proving negligence is not a simple matter of showing that someone was careless. You must prove all 4 elements:
- Duty
- Breach of that duty
- Causation
- Damages
Each element requires specific evidence and legal analysis. The strongest negligence cases are built on diligent preparation and a compelling presentation of the evidence. With the right approach and experienced representation, you can maximize your chances for success.
Don’t let negligent parties get away with harming you. Exercise your rights and recover the compensation you deserve.
