Proving Negligence Is The Cornerstone Of A Personal Injury Case

A personal injury case that goes to court in Charlotte or Sarasota counties is about accountability and compensation in the broadest sense. Personal injury cases are for when someone has been wronged, resulting in an injury. The person or group that caused that damage is legally held responsible and required to provide financial compensation. A crucial element of personal injury cases is the idea that negligence was involved.

What Is Negligence?

Negligence is the legal term when a person or group has a responsibility of some kind that was knowingly ignored, resulting in a bad consequence such as an injury or even death in the worst cases. For a personal injury lawsuit to succeed, it is must be proven to a jury or a judge that negligence is present in the situation that caused an injury.

So how is negligence proven? To understand that process, you have to look at what the law considers to be elements of negligence. They are:

Duty Of Care

This varies from one situation to the next, but the duty of care is a responsibility that one person or group has to another. For a driver in a car, the duty of care means driving responsibly, soberly, with awareness of the road and others on it. For a restaurant, this may mean ensuring quality ingredients that aren’t going bad or come from diseased animals that could make diners sick. For an auto repair garage, it could mean providing a clean floor with good traction.

Breach Of Duty

The next step is establishing that the duty a person had was not being observed. In the same way that duty of care varies depending on the situation, the same is true with the breach. A breach in a car accident might be the driver choosing to drive despite being drunk. In an accident at an amusement park, it might be not taking an attraction offline for repairs if it’s clear it’s been damaged.

Causation

The next element is proving that the breach of duty is what led to—or caused—the injury. This is where proof is crucial. Negligence through drunk driving, for example, can be proven by the blood alcohol level of the driver if testing occurred at the time of the accident. A slip and fall in an auto repair garage may be proven if there’s security footage showing a bystander slipping on motor oil that was left uncleaned for hours.

Damages

Finally, if negligence is proven, then the final step is compensating the victim with damages. Damages, in this case, refers to a financial settlement. In most cases, damages will be strictly for required expenses, such as medical treatment or lost wages due to inability to work. In more extreme situations, “punitive damages” may be used to “punish” the wrongdoer and set an example to others to avoid the same behavior.

If you’ve been injured as a result of someone else’s negligence, we can help. Talk to a personal injury attorney and get a free case review to see if this is a situation that goes to court, presents proof, and receives compensation.