The Four Elements Of Negligence


Whether you suffer injury in a car, truck or motorcycle accident or in a slip and fall accident, chances are your legal case rests on one thing: proving the existence of negligence. However, unless you are a lawyer yourself, you may not know what negligence is, in legal terms. Negligence is the failure to provide reasonable care and as a result, cause injury to another person. Negligence can appear on the road, in hospitals, at home, in restaurants, at grocery stores and many other locations.

Any time you are involved in an accident that causes you injury, it is important to determine if negligence was the cause. By contacting a skilled personal injury lawyer, you can obtain valuable information about your case and your chances of receiving compensation. Listed below are the four elements of negligence:

  • Duty of care: As a personal injury plaintiff, your first job, or rather the job of your attorney, is to show that the defendant owed you a duty of care.
  • Breach of duty: Next, you must show that the defendant breached the duty of care that he or she owed to you.
  • Factual causation: After establishing there has been a breach of duty, you must prove that the defendant’s actions caused your injury.
  • Damages: The last element you must establish in that you suffered actual harm as a result of the defendant’s action or inaction.

Proving negligence is usually the cornerstone of a plaintiff’s personal injury case. If you are unsure as to whether your accident was caused by negligence, speak with an attorney as soon as possible. Most personal injury lawyers offer free initial consultations where clients can get an idea as to the strength of their case and whether pursuing a claim is the right decision to make.

Posted in Personal Injury

Topics:  Breach of Duty, Causation, Damages, Duty of Care, Negligence

Published In: Personal Injury Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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