To understand the basics of a negligence lawsuit, you first need to have a proper understanding of the term negligence. This term is defined easily as performing an action a reasonable person would not have or failing to perform an action that a reasonable person would've done.
This type of lawsuit can be filed against an individual or an entity. Either way, the lack of reasonable action must've resulted in the harm of another. To prove a successful negligence case, the harm that happened must have been solely a result of the negligent party not performing their 'duty of care'. To better assist you in understanding what this type of lawsuit is, let's look at a few different examples below. It is important to note that each case is unique and there are many different determinants that can affect a lawsuit.
Those who operate a vehicle are responsible for showing a duty of care to others on the roadway. This duty of care is defined as driving their vehicle safely. If the driver operates their vehicle in an unsafe manner and that results in an injury of another person, they have lapsed in their natural duty of care.
If a person's pet injures another person without any sort of provocation, they can be held liable for negligence.
This type of neglect happens when a health care professional or hospital omits reasonable action or performs an unreasonable action that causes injury to a patient. A clear example of this is errors in their diagnosis.
It is every property owner's responsibility to maintain a property that is safe for those who are on the premises. If a person is injured because of the inaction of the property owner to maintain a safe premises, they can be held liable for damages.
Elements of a Negligence Case
Now, you should have a pretty good idea of what negligence is. In order to win a lawsuit for negligence, there are a few components that must be successfully proven. We are going to review these elements so you can have a better understanding of what makes a successful case.
Duty Of Care
The first element that you will need for your negligence lawsuit is to prove that the defendant owed you a duty of care. This duty requires you to identify what specific duty of care the defendant owed you. The judge or the jury will determine if the duty of care is reasonable depending on the circumstances of the case.
Breach Of Duty
Once you prove the duty of care, now, it is time to prove that the defendant breached that duty. In most cases, this is showing that the defendant failed to exercise reasonable care during the incident. Again, the specific circumstances of your case will determine whether or not a judge or a jury agrees that the defendant breached their duty.
Cause In Fact
This is where you need to provide that the defendant's actions or lack of actions were the actual reason for your injury. Essentially, you need to show that the injury would not have occurred if the defendant did not breach their duty.
When dealing with a negligence case, the defendant is only responsible for the actual harm that occurred which they could have foreseen to prevent. If your injury occurred outside of the scope of risk that could have been foreseen by the defendant, then you cannot prove that their actions were the proximate cause of your injury.
There must have been harm to you physically or to your property for a person to be held liable for neglect. You cannot bring a negligence lawsuit against a person for damages that could have occurred. The damages must have occurred for a negligence case to be proven.
As you can see, these are the five main legal elements that must be proven in order to receive compensation for injuries or damage to your property. You cannot rely on just proving some of these components. Rather, each one has to be successfully proven on its own with evidence from the case for a negligence case to be effective.
Speak With a Negligence Lawyer Today
The experienced attorneys at Dash Injury Law Firm will help guide you through the litigation process of a negligence lawsuit. It is important to find an attorney who will provide you with support during this difficult situation and guide you through the complex legal process.
Dash Injury Law Firm provides negligence lawsuit services in the surrounding areas of the following locations:
The information contained in these pages should not be taken as a substitute for legal advice and it is in fact not legal advice, especially as to cases which are highly fact-specific.