Many personal injury lawsuits are won after an attorney has proven that their client was injured as the result of someone else’s negligence. While proving negligence may seem simple enough on the surface, it is actually a more detailed process than it may seem. Proving negligence in a personal injury claim requires proving four essential elements: duty of care, breach of duty, causation, and damages.
Duty of Care: The first element of negligence that must be proven is that the defendant in the lawsuit had some level of obligation to keep you safe. This could include safely operating a vehicle or performing required inspections to the semi-truck you drive.
Breach of Duty: After proving duty of care, it must be proven that this duty was breached. This could include failing to follow traffic laws or skipping required inspections of the semi-truck you drive.
Causation: After an attorney has proven breach of duty, it must be proven that breach caused the accident. This could include running a stop light and colliding with another car in an intersection or failing to provide inspections to a semi-truck that would have revealed faulty brakes.
Damages: The last element of a negligence claim that must be proven is damages. Proving damages requires proving that the accident resulted in physical injury or pain, emotional distress, or property damage.
Proving negligence requires an experienced personal injury lawyer. If you have been injured an automotive accident or another type of accident, it is crucial that you hire someone who has experience proving each element of negligence.
The attorneys at Howe & Associates have been working in Marietta and the surrounding areas since 1985. If you were injured in an accident, you may have grounds for filing a personal injury lawsuit. To learn more about the services the experienced attorneys at Howe & Associates click here or call 404-285-4205.