How can I prove negligence in a personal injury case?

Negligence must be proven in most personal injury cases. Negligence is defined as the failure to use proper care. Most personal injury accidents involve negligence. If a person is negligent and another person is harmed, the victim can seek monetary compensation through the court system for his or her injuries. Negligence is a factor in most personal injury cases, such as car accidents, slip and fall accidents, and medical malpractice.

In order to prove negligence, four elements must be shown. The plaintiff must prove that the defendant had a duty to act or refrain from acting in a certain manner. For example, drivers have a duty to obey the rules of the road. The plaintiff must also prove that the duty has been breached. That can in some cases be easy to prove, but in others can be more difficult.

If the first two elements can be shown, the victim must next prove that the breach of the duty was the cause of the victim’s injuries. The victim must finally prove that he or she was harmed as a result of the breach of the duty. This can be proven through medical bills, documentation regarding time taken off work, and other documentation regarding expenses. The plaintiff may also recover non-economic damages for pain and suffering, disfigurement, and more.

If you have been injured in an accident caused by someone else’s carelessness or recklessness, and you can prove those actions caused your injuries, you are likely to succeed on your personal injury case. If you are in southern California, call me, Conal Doyle, Los Angeles negligence attorney at 310-385-0567. Call today to learn more or to schedule a free consultation on your case.