How to prove negligence in a personal injury claim

Are you pursuing a personal injury claim for damages? If you were in a car wreck, bitten by a dog, slipped and fell, took a dangerous drug, or were a victim of medical malpractice, the success of your claim and whether you receive compensation rests on your Lake Charles personal injury attorney’s ability to prove negligence.

Negligence is the failure of one party to exercise reasonable care for the safety of another. It can come in many guises, including malicious action. If one party is negligent and their negligence causes harm, then the victim has the right to demand full and fair compensatory damages from the negligent party.

Let’s explore the multi-step process of proving negligence in a personal injury claim.

The elements of negligence

Negligence is a four-part legal concept:

• Duty of care – One party (the defendant) is legally obligated to exercise a duty of care for the safety of another person (the plaintiff)
• Breach of duty – Through direct action, inaction, or oversight, the defendant failed to preserve the safety of the plaintiff
• Injury – The defendant’s lack of care caused injury to the plaintiff
• Damages – The plaintiff suffered losses due to the injuries caused by the defendant

Your lawyer must prove that each of these elements of negligence is present in your case to prove that the defendant is liable for your damages. They do so by gathering evidence to support each step in the claim, and each type of evidence can establish one or more elements of negligence.

Proving that a relationship existed between the plaintiff and defendant

The first step is establishing what duty is owed. The duty owed is a matter of law, but what duty is owed depends on the circumstances. For example:

• Drivers are required to follow traffic laws.
• Healthcare professionals are required to provide an acceptable level of care to each patient.
• Manufacturers of products (of whatever kind) are required  to ensure the products are not unreasonably dangerous. 
• Property owners are required to find and protect against defects on their property that can harm someone.

Proving this is fairly straightforward and is usually based on who the defendant was, and how the accident happened.

The defendant failed to ensure the plaintiff’s safety

Proving this element usually involves comparing what a reasonably careful person in the defendant’s position would have done or what is legally required of someone in the defendant’s position with what the defendant actually did.

Witness testimony can be a key piece of evidence for illustrating the difference between what the defendant did and what they should have done, but it’s not the only possible type of evidence.

Other ways to prove that the defendant failed to take proper care to prevent harm to the plaintiff include:

• Reviewing safety and maintenance records of a property owner or consumer goods manufacturer
• Analyzing a vehicle’s Event Data Recorder (EDR), a “black box” in nearly all commercial vehicles and all private vehicles manufactured after 2014
• Presenting photos of the incident or a video of the accident happening
• Using physical evidence, like skid marks on the road

The evidence we use in your claim will depend on the circumstances of your injury. Our firm often uses private investigators to help us collect evidence, and we’re prepared to subpoena evidence from the other side, like records of the production run of the consumer product that harmed you or a commercial trucker’s driving and personnel records.

Proving you were hurt because of the defendant’s actions

Your medical records are the most critical piece of evidence for this part of proving negligence, which is why so many personal injury lawyers urge injured victims to seek immediate medical attention. Your post-accident medical records show how your injuries happened, proving they were caused by the defendant’s actions and not in another way.

Valuing the losses you sustained  

The purpose of a personal injury lawsuit is to restore the plaintiff to the status they were before the accident and to deter others from careless conduct. Although money can’t unbreak a bone or erase the fear and anxiety you suffered during and after the incident, it can help ensure you have sufficient funds for all the medical care you need, physically and psychologically, and compensate you for other losses. 

Medical bills, pay stubs showing the days you missed work (you’re eligible for full replenishment of unearned wages), and estimates for repairing property damage can be used to prove the extent of your losses.

Your own testimony, along with that of people who know you and your healthcare providers, can help demonstrate the losses you sustained that do not have a bill attached to them. Compensating you for pain, suffering, and losses to your lifestyle are among the most important kind of compensation in cases like these. 

Get the legal help you need after an accident

The attorneys at The Johnson Firm understand how to prove negligence in every type of personal injury claim. We offer a free consultation so you can learn your legal options. Contact us at (337) 433-1414 today.