You probably know who’s responsible for your accident. You can even tell the responding officers. However, your word usually isn’t enough to establish negligence in a personal injury claim. Proof is almost always required and this can take some time and effort.
So, how do you go about establishing negligence in a personal injury claim? We’re covering what you should know about the key elements of negligence and why it’s so important to prove it in an accident claim.
What Is Negligence in a Personal Injury Claim?
Negligence helps separate an unfortunate accident from a potentially preventable event. In simple terms, some incidents are truly accidents. No fault is involved.
An example can be if you’re hiking in the woods and trip over a tree root spraining your ankle. You’re not going to file a claim against your clumsiness and you can’t exactly sue a tree. Even if you can find a court willing to accept a lawsuit against a tree, who’s going to cover your damages if your case is successful?
However, preventable accidents are different. These are incidents that are typically caused by someone’s careless or reckless actions. An individual can also behave in a way that they know will result in an accident. This is also the definition of negligence.
Negligence is based on a person’s actions or inactions. If an individual’s behavior isn’t considered that of a reasonable person, they may be guilty of negligence. This is also when determining negligence can get a little confusing. What one person considers reasonable behavior may not be the same as someone else.
To help avoid confusion, reasonable behavior is often determined by an existing law like obeying all traffic laws. For example, a reasonable individual will stop at a red light. An unreasonable driver will run the red light. This type of behavior is considered negligent.
An example of an inaction being considered negligent is failing to render aid after a vehicle collision. A reasonable person won’t leave the accident scene, instead, they’ll stop to check on the other involved parties.
Proving Negligence in a Personal Injury Claim
Negligence is usually the cornerstone of any type of personal injury claim. If you can’t prove negligence, you usually can’t file a claim against the other involved party’s insurance provider. The primary exception may be a strict product liability claim. In this type of personal injury claim, negligence usually isn’t a factor.
Proving negligence means addressing the four key elements, duty of care, breach of duty, causation, and damages.
Duty of Care
Pretty much everyone owes someone a duty of care. Think of this as a legal obligation to behave in a way that doesn’t place others at risk. An example of a duty of care is following all traffic laws.
Every time you get behind the wheel, you have a duty to operate the vehicle in a way that doesn’t endanger other drivers, pedestrians, and cyclists. Property owners have a duty to their visitors to keep their premises safe from all known hazards.
Breach of Duty
The term should give you a good idea of the legal definition of a breach of duty. This element of negligence happens when an individual’s actions or behavior either knowingly or unknowingly causes an accident.
Some examples can be if a driver fails to yield to a pedestrian in a crosswalk. If a store employee knowingly leaves a spill on the floor, this can also be seen as a breach of duty. Remember, a breach of duty can be either willful or unknowing.
If a customer spills their drink and you decide to skip checking the aisles this can be an unknowing breach of duty. Yes, this can get a little complicated and it’s also a good example of why it’s helpful to partner with an experienced personal injury attorney.
Causation
Okay, you’ve established that the at-fault party owes you a duty of care. You’ve also shown the individual has breached their duty of care. Now, it’s time to address causation. This element of negligence looks at the cause of the accident.’
Essentially, you must prove that the accident probably wouldn’t have occurred except for the defendant’s negligence. A good way of establishing this element is to use a ‘but for’ statement. If you’re involved in a car accident, your ‘but for’ statement may read something like the following, ‘The accident probably wouldn’t have occurred but for the other driver running the red light.’
Damages
Damages are the fourth element of negligence and are usually the easiest to prove. This is when you show your damages are the direct result of the accident. How do you prove this element? Your accident report is crucial. The report serves as proof the accident occurred. Most accident reports also name the at-fault party.
Along with your accident report, you’re going to need to supply other documentation. What this is depends on the type of damages you’re listing in your accident claim. Your health records, bills, receipts, and even prescriptions can help prove medical damages. Repair and/or replacement bills, receipts, and estimates can help show you suffered property damage.
Some accidents result in severe injuries that result in lost wages. Your pay stubs and tax records can provide proof of lost wages. These are only some examples of the proof you may need to provide to show damages in a personal injury claim. Your accident lawyer can go over all of your necessary documentation.
What About Non-Economic Damages?
You may be wondering if you can claim non-economic damages after proving negligence. The answer depends on your case, but usually, you can claim non-economic losses after proving negligence.
If you’re not sure what non-economic losses are, these typically include things like pain, suffering, and mental anguish. Your attorney can help you calculate the value of your non-economic damages.
Proving Negligence in Your Personal Injury Claim
Proving negligence can be complicated but partnering with a personal injury attorney can help simplify the process. From navigating the crucial elements of negligence to helping calculate all of your damages, your accident lawyer can help ensure you receive fair compensation.
