The foundation of any type of personal injury claim is proof of negligence. Before an individual can negotiate a claim, he or she must first understand how to prove the four main elements that combine to prove negligence.
According to Nolo, negligence is defined as the “[f]ailure to exercise the care toward others that a reasonable or prudent person would use in the same circumstances, or taking action that such a reasonable person would not, resulting in unintentional harm to another.” However, to prove negligence, an individual must be able to prove the following four elements:
1. Presence of a Duty of Care
To begin, a person must establish that there was a duty owed to him or her by the other person. Each person has a duty to act in a reasonable manner towards another. As a result, a personal injury claim must start with identifying this duty.
- Example: Each driver has a duty to his or her passenger to operate his or her vehicle safely.
2. Another Person or Entity Breached Their Duty
Secondly, an individual must prove that the other person breached their duty of care by failing to act in a reasonable manner toward him or her.
- Example: The driver drove recklessly, causing a car accident.
3. The Breach of Duty Directly Caused Injury
Next, the person must prove that this breach of duty is the direct result of his or her injuries. So then, the injuries and damages must be related to the failure to act reasonably.
- Example: The reckless driver caused the car accident and injured the person. Reckless driving is the direct cause of the person’s injuries.
4. The Injury Has Caused Monetary Losses
Lastly, the person must prove that because the other person failed to act reasonably and caused the person to suffer injuries, that person is now faced with monetary losses. Of course, documented evidence for the person’s injuries and related expenses is necessary for a court judgment against the liable party or for that person to recover a settlement.
- Example: The person is faced with medical bills, medication costs, and physical therapy expenses as a result of the accident.
Our Legal Team Can Help You File a Personal Injury Claim
Our Brooklyn personal injury lawyers at Koenigsberg & Associates Law Offices understand that the various elements of a person injury claim can become complex. That is why we are here to help guide you through the legal process. If you have sustained injuries and believe your harm is a direct result of another person or entity’s failure to act reasonably, we urge you to call our office right away. We can help you establish all four elements of a personal injury claim and file a claim against the negligent party.
To discuss your case, call Koenigsberg & Associates Law Offices. We can provide you with a free case review. Our team is passionate about securing compensation for the wrongly injured.