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.
