Injuries can be caused by many things, like falls, cuts, motor vehicle accidents, animal bites, poisoning, or contact with hot objects.
According to data from CRIS, there were over 19,000 traffic accidents reported in El Paso in 2021. This number includes all types of auto accidents involving cars, pedestrians, and bicycles. It accounts for both single-vehicle and multiple-vehicle crashes.
A 2017 study by the Centers for Disease Control and Prevention found that unintentional falls were the top cause of injury-related emergency room visits for most age groups, except ages 10-24, where the top cause was being hit by or against something.
If not treated properly, injuries can lead to death. In fact, unintentional injuries were the number one cause of death for people between the ages of 1 and 44 in 2018.
Fortunately, most injuries are not fatal. Around 82 out of every 1,000 people visited the emergency room for injury-related reasons in 2014. Less than 10% of those visits resulted in hospital admission.
If you have suffered an injury due to someone else’s negligence, you may have a basis for a personal injury lawsuit. However, you will need solid evidence to prove that the other party was negligent and directly caused your injury. This article will discuss the three key things you need to prove negligence led to your personal injury.
The Defendant Owed a Duty of Care
The first element you need to establish is that the defendant had an obligation to act carefully and avoid causing harm. Certain relationships and situations create a duty to be vigilant about the wellbeing of others.
For instance, drivers must operate vehicles in a safe manner so as not to injure pedestrians or other motorists. Property owners are required to maintain their premises reasonably hazard-free to prevent accidents. Manufacturers have a duty to produce safe products and warn about potential dangers. The specific duty owed will be determined by the connection between you and the defendant, as well as the circumstances involved.
Without proving the defendant was obligated to be cautious and attentive, they cannot be found negligent.
The Defendant Breached Their Duty
After establishing the defendant owed a duty of care, you must prove they breached this duty through negligent actions or failure to act. For example, a driver breaches their duty by speeding or running a red light. A property owner breaches their duty by failing to fix a broken step or not salting icy sidewalks. A company breaches its duty by designing a defective product or failing to include safety warnings.
The breach is the specific act of negligence that caused the accident and your subsequent injuries. You will need solid evidence the defendant acted unreasonably and below the standard of care before getting in touch with personal injury attorneys.
The Breach Directly Caused Your Injuries
The third element you must prove is that the defendant’s breach of duty directly caused your injuries. This is known as proximate cause.
You must show your injuries would not have occurred “but for” the defendant’s negligence. For example, if you slipped on an unmarked wet floor, you must prove you would not have fallen if there had been a wet floor sign.
Or if you were in a car accident, you must demonstrate your injuries were a direct result of the other driver’s negligent actions. Causation must be clear and definitively linked to the breach of duty.
El Paso personal injury attorneys at Mission Personal Injury Lawyers state that proving negligence requires meeting the three key elements of duty of care, breach of duty, and causation. Having solid evidence in each of these areas will go a long way in demonstrating the defendant’s liability for your damages.
An experienced personal injury attorney can help gather convincing evidence and build a compelling case to prove negligence led to your injuries.
