During personal injury trials, juries compare facts and assess testimony, evidence, and the chronology of events that took place during the accident. After a thorough assessment, they check if all the elements of negligence were present in the case. Click here to read more about personal injury cases and get well-experienced attorneys to guide you through the process. In order to win the negligence lawsuit, it is essential to make sure that the following elements are satisfied:
- Duty of Care
To prove negligence in a personal injury case, it is essential to determine if the defendant owed a duty of care to the plaintiff. The law recognizes that a duty of care is necessary when there is a relationship between the defendant and the plaintiff. The relationship requires the defendant to behave reasonably towards the plaintiff. The jury determines whether the defendant owed the plaintiff a duty of care and did what a reasonable person is supposed to do under similar circumstances.
- Breach of Duty of Care
The next step in proving negligence involves proving that the defendant breached their duty of care to the plaintiff. If the defendant fails to exercise reasonable care after the accident, he is said to be breaching the duty of care. The jury makes the final decision regarding whether the defendant breached the duty of care after a thorough investigation of the case.
- The proximate cause of injury
The plaintiff must prove to the jury that the defendant’s negligent actions were the proximate cause of the injuries suffered by the plaintiff. A defendant is only liable for those injuries that the defendant could have prevented through appropriate conduct. If the defendant has caused harm due to unforeseen reasons, the plaintiff cannot prove that the defendant’s actions were the proximate reason for the plaintiff’s injury.
- Damages
In a negligence case, the plaintiff must prove a legally recognized damage, usually in the form of physical injury to a person or damage to property. Proving that the defendant failed to exercise reasonable care or negligently is not enough. The act of negligence must cause actual and considerable damage to the plaintiff, i.e., the person to whom the defendant legally owes a duty of care. The personal injury claim should be brought to court within the appropriate time limit without unreasonable delay.
Speak to a personal injury attorney.
Besides an attorney, no one will be able to help prove the other driver’s negligence. Therefore, to know your legal rights, ensure to speak to a car accident attorney right after your accident.
