Negligence in a Personal Injury Claim

A personal injury lawsuit is one of the most common lawsuits, but this doesn’t mean they are without complications. Whether you were injured in a car accident, slip and fall incident, or because of the negligence of a trusted medical professional, you may have the right to pursue a personal injury claim and hold the person responsible for your injuries accountable. When you file a personal injury claim, you will likely have to prove that the other party was negligent or acted recklessly in order for you to recover damages for your injuries. In the large majority of personal injury cases, the person who has suffered an injury relies heavily on this legal concept of negligence. For our purposes today, negligence is a legal term for carelessness that results in personal injury. In order for a defendant to be held responsible for injuries, negligence must be proven.

At Rad Law Firm, our personal injury lawyers have extensive experience representing people throughout both Texas and California in a wide range of personal injury cases. From construction site accidents and 18-wheeler crashes to incidents involving pedestrians and defective products, we’ve done it all. We offer a free consultation with the intention of helping you better understand your case and your rights. Because negligence is such a large part of any given personal injury lawsuit, we thought it would be helpful to go over some of the most important aspects of negligence. If you have any questions, please contact our law firm today.

The Different Elements of Negligence

The first step to winning a personal injury claim is to prove the four elements of negligence in order to show that the personal at fault acted recklessly. These elements of negligence are as follows:

1. Duty – The person who acted negligently had a duty to the injured person under the circumstances.
2. Breach – The person who is allegedly at-fault breached the legal duty by acting or failing to act in a particular way.
3. Causation – It was the actions – or inactions – of the defendant’s actions that lead to the plaintiff sustaining an injury or becoming harmed.
4. Damages – The plaintiff was injured or harmed because of the specific actions of the defendant and these injuries were actual and measurable.

For negligence to be proven in a personal injury lawsuit, every single one of these elements must be proven and there must be zero question as to whether or not the defendant was responsible for your injuries. This can be relatively challenging, which is where a personal injury lawyer from Rad Law Firm comes into play. With our assistance and knowledge, you are sure to win your personal injury lawsuit and receive the damages you deserve for your injuries.

How to Prove Negligence

Now, let’s take a brief look at how, exactly, to prove negligence. In addition to satisfying the four elements mentioned above, you will need to meet the legal requirement for each. While laws certainly vary from state to state, the interpretation of negligence follows the same basic rules.

1. Duty of Care. When it comes to the duty element of proving negligence, you must be able to prove that the at-fault party had an actual duty to ensure the plaintiff was not injured or harmed. Some cases are very clear, others are more difficult.
2. Breach of Duty. To win a personal injury lawsuit, the plaintiff must show that the defendant failed to carry out their duty of care. So, if the at-fault party could foresee that the plaintiff was in danger or at risk, yet failed to do anything about it, they have breached their duty of care.
3. Cause. The plaintiff must be able to show that the defendant’s breach of duty led to the injury for which the victim is suing. In many cases, causation is clear, however, some cases are more complicated.
4. Damages. When it comes to a negligence lawsuit, the plaintiff must be able to show what the monetary value of his or her injuries were.

If you believe you have a personal injury lawsuit on your hands, contact our law firm today.