Establishing negligence is key to obtaining compensation in a personal injury claim. Whether your injury resulted from a pedestrian accident, a car accident, or another incident, you must show that the other party’s negligence led directly to your harm. To prove this, four elements must be demonstrated: duty of care, breach of duty, causation, and damages.
1. Duty of Care
The first step is showing that the defendant had a duty of care toward you. This means they were legally required to act in a manner that prevented harm. For instance, drivers must follow traffic laws to keep others safe, and property owners should ensure their premises are free of hazards.
2. Breach of Duty
You must then prove that the defendant violated this duty by failing to act as a reasonably careful person would under similar circumstances. This breach could be reckless driving, leaving a spill uncleaned in a public space, or other negligent actions. Photos, witness statements, or video footage can help establish this.
3. Causation
Causation is crucial—you need to show that the defendant’s breach directly caused your injury. Often, insurance companies may argue that other factors contributed to your harm. Medical records, expert testimony, and accident reports can help clarify that the defendant’s negligence was the primary cause.
4. Damages
Finally, it’s essential to prove that you suffered real harm, which could be physical injuries, emotional distress, or financial losses. Collecting medical bills, documenting lost wages, and detailing pain and suffering are all key to demonstrating the damages you incurred.
At Banderas Law, we are skilled at collecting evidence to build a strong negligence case. If you have been hurt due to someone else’s carelessness, contact us today. We’ll help ensure your rights are defended and you get the compensation you’re entitled to.