Did you know that approximately 300,000 to 500,000 people file personal injury cases every year? The majority of these cases include auto accidents. Apart from that, nursing home neglect, worker’s compensation, severe injuries due to someone else’s fault are also accountable for these cases.
Typically, it is recommended to consult a personal injury attorney to get the rightful compensation. But, it is also essential to understand that victims or plaintiffs need to prove the negligence of the other party or defendant to hold them liable and get compensation.
Proving all the five “elements” in a negligence case could help you get compensation. These elements include:
- Breach Of Duty
- Cause In Fact
- Proximity Cause
Satisfaction of these elements will help determine whether or not the defendant will be held liable. With that being said, let’s learn about these elements in detail!
The result of some negligence cases depends on the fact whether the other party had a duty toward the plaintiff. The duty here refers to the relationship between plaintiff and defendant, where the defendant must behave or act in a manner or duty of care towards the plaintiff. In such scenarios, the judge (instead of the jury) decides about the duty of care by evaluating the whole circumstances.
Suppose you or any of your family members get injured due to an auto accident. In that case, the judge will determine the driver’s duty of care. If the driver was drunk, speedy, or breaking any traffic law, he owed a duty to you and your family. Here, you must consult a personal injury law firm to file for rightful compensation. The attorney will deal with the insurance company while you and your family recover from the traumatic event.
Breach Of Duty
The second element is the defendant’s breach of duty towards the other party or victim. Understand that proving that a person owned you or your beloved one duty is not enough. In order to get justice, you must prove that the defendant has disobeyed the said duty. In simple terms, you must prove that the liable party failed to exercise care towards the victims.
The jury and not the judge generally determine this element. Continuing the above example, the jury will decide if the driver was following the traffic rules or not.
Cause In Fact
It includes proving the correlation between the negligence on the part of the defendant and injury or negative consequences to the plaintiff. This element is often referred to as “But-for” causation.
In the example given above, you as a plaintiff must prove that your injury is because of the auto accident. It can get quite challenging and complicated. Therefore, you must seek assistance from a personal injury attorney as they can help prove the correlation between both events. You can also use pictures clicked at the time of the accident to prove the claim made.
According to this element, you need to prove that the defendant could have foreseen the negative consequences of his actions, thus, avoided. However, due to the negligence of the defendant, you have to suffer a significant loss or trauma.
For instance, if the driver saw the red light signal, he should have stopped to avoid the crash. Similarly, he should have paid attention to the road to check whether someone is crossing or not. Breaking the law and not paying attention to the road has caused the accident, resulting in significant damage to the plaintiff.
Last but not least, you must prove that the harm or damage you suffered is legally recognized. In simple terms, the damage should be real or actual, and the claim for the damage must be brought to the attention of the court in a set time frame. Type of negligence claim usually include:
- Automobile collisions
- Medical malpractice
- Workplace accidents
- Defective products
- Premises liability
- Nursing home abuse or neglect
Once the claim is proven, you will be able to get the rightful compensation. But, it would be best if you worked with a personal injury attorney for this. They have the expertise and know what to do. They can help find evidence, file documentation, and paperwork that will help you file the case. In addition to this, they can also guide you about the dos and don’ts to ensure your win.
To Sum It All Up
Getting involved in an accident or suffering any kind of damage due to someone else’s negligence is surely disheartening. But, you must not lose hope and consult a personal injury attorney to ensure that your case proves all the five elements.
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