How to Prove Negligence in a Personal Injury Claim

December 10, 2020

If you or somebody you love has been injured due to the actions of another person, company, or entity, you may be entitled to various types of compensation for your losses. However, obtaining this compensation is going to involve proving the negligence of the other party involved. Proving these cases can be complicated, but a skilled Phoenix injury lawyer can use their resources and legal expertise to help prove the four basic elements of negligence.

1. Duty

The duty of the defendant refers to their responsibility to ensure the safety of others. A duty of care is going to look different for every case and will depend on the particular relationship between the plaintiff in the defendant.

For example, vehicle accident negligence cases will revolve around the fact that motorists have an obligation to follow the rules of the roadway. That is their duty of care. Slip and fall cases will revolve around the duty of care that property owners owe to their patrons to ensure the safety of their premises.

2. Breach of duty

After a duty of care has been established between the plaintiff and the defendant, it is necessary to prove that the defendant breached their duty of care in some way. It needs to be shown that they failed to exercise reasonable care or that they acted in a manner that a “reasonably prudent person” would not have acted under similar circumstances. In other words, it needs to be shown the defendant did not act in the same way that the average person would have.

For example, a motorist will have breached their duty of care if they get behind the wheel with a blood alcohol concentration level above the legal limit.

3. Causation

Just because the defendant has breached their duty of care does not necessarily mean that they caused the injury to the plaintiff. Causation is determined by whether or not the defendant’s breach of duty directly caused harm to the victim in the case. In general, the plaintiff and their attorney need to show that the defendant’s negligence is the sole reason for the injuries they suffered.

For example, if an Arizona car accident occurs because a defendant ran a red light while they were intoxicated, the plaintiff could argue that their injuries were caused by the defendant because they would not have otherwise occurred had the defendant not run the red light.

4. Damages

Finally, the plaintiff will need to prove that the defendant’s breach of duty directly caused them to suffer actual damages. Actual damages in a negligence case can include any medical bills, lost income if a victim cannot work, property damage, general out-of-pocket expenses, pain and suffering damages, and more.

Contact Torgenson Law Today

If you or a loved one have been injured due to the negligent actions of somebody else, contact an attorney at Torgenson Law as soon as possible. Our Mesa personal injury lawyers can use their resources and legal expertise to fully investigate your case in an effort to determine liability and secure full compensation for your losses. You can contact us for a free consultation of your case by clicking here or calling (602) 726-0747.

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