FREE Consultation 212-736-5300 Let's discuss the four elements of negligence and what it takes to prove each of them. Did the defendant owe the plaintiff a legal duty of care? A few things need to happen here for the duty of care to be established. The law must have recognized a relationship between the defendant and the plaintiff, and because of this relationship, one of the parties is required to act with a reasonable level of care. If the defendant failed to take the course of action that someone else would have to take to prevent an accident from occurring, this may constitute a breach of duty.
We all take responsibility when we do things like driving vehicles or inviting people into our homes. The injured plaintiff must prove that their injuries and damages were caused by a breach of duty on the part of the defendant. There are a couple of ways in which that cause is demonstrated. Often, proving causation is difficult because the plaintiff may have a previous injury or a previous condition that makes it difficult to determine if the defendant's negligent actions caused new injuries or aggravated injuries.
For example, the 15-year-old girl who crosses the road may never have had any previous knee injuries because she is young and healthy. However, if a 50-year-old bodybuilder with a history of herniated discs in the neck is hit from behind by a negligent driver and requires a cervical spine fusion, it may be more difficult to prove causation. Another point to consider is whether the defendant could have foreseen that his actions could cause an injury. Predictability means that the injuries sustained by the plaintiff were a foreseeable cause of the defendant's breach of the duty of care.
An average person is required to have anticipated that the danger created by the negligent act would have caused the injuries the plaintiff suffered. This last element of negligence establishes monetary compensation to provide relief to a plaintiff who has suffered injuries and damages. Although it may seem insensitive, there is no other way to legally compensate a person for injuries other than giving them money. A monetary compensation will help the injured plaintiff provide for their family, live, eat and receive medical care. Damages can include medical care, lost wages, and pain and suffering, among other things.
Finally, your lawyer must be able to argue that the negligence established by the last three elements entitles you to certain damages. When a plaintiff filing a negligence lawsuit is also negligent, the law refers to this as “contributory negligence” or “comparative negligence.” This element is almost always controversial, as the defendants argue that the plaintiff did not suffer any injuries or suffered minor injuries and the plaintiff argues otherwise. If you're suing people for causing an injury because of their negligence, it's important to understand the different types of negligence. The element of “causation” generally refers to whether the defendant's actions harm the plaintiff.
These elements are vital to ensuring compensation. You'll need each and every one of them to prove negligence. If you have been injured as a result of another party's negligence, the personal injury attorneys at Block O'Toole & Murphy are ready to help. For a plaintiff to succeed in the trial, each element must be proven by the preponderance of evidence (most likely not) and then the plaintiff must prove the amount of his damages.
Many cases involve some degree of contributory or comparative negligence, since it's common for defendants to argue that the plaintiff caused the injuries himself or acted in a way that made the harm more likely. To be legally entitled to compensation for your medical bills or property damage, you must be able to prove negligence on the part of the other party.
