Often, personal injury claims arise because an individual acted negligently, and that individual’s actions caused an accident that harmed another individual. Negligence is any behavior or action that harmed another individual and didn’t meet the standard of reasonable care expected of a normal and practical individual.
So to prove that another individual should be held liable for your injuries, you need to prove the following negligence elements:
Duty: The defendant owed you a legal duty. For instance, all drivers owe other motorists a legal duty of care, which means that all drivers should always exercise reasonable care when handling or driving a vehicle.
Breach: You should prove that the defendant breached or violated a legal duty. For instance, using the example above, if the defendant answered a text message or email on their phone while driving.
Causation: The negligent actions of the defendant should have led to your injuries. In most cases, this legal element is typically obvious. For instance, if the defendant’s vehicle collided with your vehicle because the defendant was texting while driving, then causation is undeniable.
Damages: You should have incurred actual damages, which are usually monetary, due to the accident. This can include medical expenses, property damage, pain and suffering, and lost earnings.
Put simply, if your personal injury claim involves negligence, you’ll need to show that the defendant owed you a duty of care, that the defendant breached that duty, proximate and actual causation that links the defendant’s breach to your injuries, and actual damages or losses.