Negligence in the FindLaw article on proof in a negligence case. In this case, the negligent driver's action is both the cause. You must establish all four elements to win your injury case. One of the main issues that is often discussed is “causality”.
For example, suppose a pedestrian is hit by a vehicle. They then receive negligent medical care for injuries sustained in accidents involving pedestrians, worsening their condition. In this case, the negligent driver may argue that the intervening cause, medical negligence, should reduce their liability. The last defense commonly seen in personal injury cases is comparative negligence.
If it can be proven that the plaintiff is at fault for the accident, they can be held partially responsible for contributing to the cause. Most personal injury cases are based on negligence. The third element required to prove negligence is causation. It's one of the most important legal elements of a personal injury case.
However, causation can be difficult to prove without the help of an experienced Los Angeles personal injury attorney. Negligence is a legal theory that must be proven before a person or entity can be held legally responsible for the harm they have suffered. You need to prove negligence in most claims resulting from accidents or injuries, such as car accidents or slip and fall cases. To win your negligence case, you'll have to prove that the defendant was the de facto cause and the immediate cause of your injuries.
The third element of a negligence lawsuit requires the plaintiff to prove that the defendant's negligence caused their injury. Comparative negligence can affect the amount of damages an accident victim can claim and can reduce compensation in proportion to their degree of fault. The defendant may attempt to use this as evidence that their back pain was not caused by the fall itself, but by their pre-existing back problem. In a personal injury case, causation refers to the connection between an event and the resulting damage or damages.
For example, if you were injured in a car accident due to someone else's negligence, you must be able to prove that your injury was directly caused by your actions, such as speeding or passing a red light, and not by anything else. In many cases, both parties use experts in personal injury lawsuits to establish causation. For example, a driver who collides with a pedestrian can be declared negligent when exercising a lower level of care than the typical careful driver under the same circumstances. Another aspect of the causal element examines whether the defendant could have reasonably foreseen what his actions would cause an injury.
The defendant will most likely be found negligent if the average person, knowing what the defendant knew at the time, would have known that someone might have been injured because of their actions and would have acted differently than the defendant did in that situation. If you need help proving the elements of a personal injury claim in Texas, including causation, contact an experienced personal injury attorney at Parker Law Firm Injury Lawyers today at (81) 839-3143 for a free initial case evaluation. However, if you can't prove that the defendant “directly and immediately caused your injuries,” you won't win your negligence case. If it can be proven that the plaintiff had an existing condition or injury before the incident in question, the defendant will attempt to argue that his negligence did not cause harm to the victim; he already was injured.
Assuming that the collision occurred because the driver was texting and ignoring the road, the injured pedestrian could file a negligence lawsuit against the negligent driver.
