Negligence is the basis of most personal injury cases. Essentially, it is the failure to act with the level of care a reasonable person in the same situation would have. There are four elements you must prove to successfully bring a negligence claim:
- Duty: You must first establish that the defendant owed you a duty of care
- Breach: You must prove the defendant breached the established duty of care
- Causation: You must prove that the defendant’s conduct was the cause of your injuries
- Damages: You must establish that you suffered actual damages as a result of the breach of duty
To succeed and recover compensation in a case based on negligence, you must prove each of the above elements. However, proving negligence can be difficult, and insurance companies will likely deny your claims at every turn.
There are several types of evidence that can help establish negligence, including:
- Photographs of the scene of the accident
- Witness statements
- Accident reports
- Testimony from expert witnesses
- Medical records
- Financial statements, and more.
Your lawyer will be able to use this evidence to help prove the four essential elements of negligence.