In most claims that arise from accidents or injuries -- from car accidents to "slip and fall" cases -- the basis for holding a person or company legally responsible for any resulting harm comes from a theory called "negligence."
Generally speaking, when someone acts in a careless way and causes an injury to another person, under the legal principle of "negligence" the careless person will be legally liable for any resulting harm. This basis for assessing and determining fault is utilized in most disputes involving an accident or injury, during informal settlement talks and up through a trial in a personal injury lawsuit.
Elements of a Negligence Claim
In order to win a negligence case, the plaintiff (the person injured) must prove the following four elements to show that the defendant (the person allegedly at fault) acted negligently:
Element #1: Duty
When assessing a negligence claim, the first step is to look to see whether or not the defendant owed the plaintiff a legal duty of care. In some circumstances, the relationship between the plaintiff and defendant might create a legal duty -- for instance, a doctor owes a patient a legal duty to provide him or her with competent medical care. Or, the defendant may owe the plaintiff a legal duty to act with reasonable care in a certain situation -- as is the case when one is expected to operate a motor vehicle safely and with a certain level of due care.
Element #2: Breach of Duty
Next, the court will look to see whether the defendant breached this duty by doing (or not doing something) that a "reasonably prudent person" would do under similar circumstances. The term "reasonably prudent person" refers to a legal standard that represents how the average person would responsibly act in a certain situation. Stated simply, the defendant likely will be found negligent if the average person, knowing what the defendant knew at the time, would have known that someone might have been injured as a result of his or her actions -- and would have acted differently than the defendant did in that situation.
Element #3: Causation
The third element requires that the plaintiff show that the defendant's negligence actually caused his or her injury. Sure, someone might be acting negligently, but the plaintiff can only recover if this negligence somehow causes the injury. For example, it wouldn't be fair to sue someone who was negligently texting and driving for a totally unrelated fender bender that happened just across the street -- just because the driver was negligent.
Another aspect of this element looks at whether the defendant could reasonably have foreseen that his or her actions might cause an injury. If the defendant's actions somehow caused the plaintiff injury through a random, unexpected act of nature, the injury would most likely be deemed unforeseeable -- and the defendant will not likely be found liable.
Element #4: Damages
The final element of a negligence case is damages. This element requires that the court be able to compensate the plaintiff for his or her injury -- usually through monetary compensation for expenses such as medical care or property repair.
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If you or a loved one has been injured due to someone else's negligence, a potential legal claim may be worth pursuing -- especially if you have racked up medical bills and missed work. You may want to consult with a personal injury lawyer to learn more about your claim. Fortunately, you can have an experienced attorney do a free evaluation of your case here.