Identifying negligence impersonal injury claims

On Behalf of | Jul 22, 2024 | Personal Injury

While all personal injury cases are different, one element remains the same. The plaintiff must show negligence from the defendant to obtain compensation.

In a nutshell, negligence means that the defendant behaved in a manner that would be deemed unreasonable by the average person. However, it’s a little more nuanced than this. 

Outlined below are the four key elements of negligence

Duty of care 

The first step in proving negligence is to establish whether or not the defendant owed a duty of care. This is generally straightforward. For example, all drivers owe each other a duty of care. They should not drive in a manner that endangers others.  

Breach of duty 

The second element of negligence is identifying whether or not the duty of care has been breached. For car accident claims, this means that the defendant must have acted in a manner that no other reasonable person would have. For example, excessive speeding would be a breach of duty of care. 

Direct causation 

In personal injury claims, there must be direct causation between the defendant’s actions and the injuries of the plaintiff. If the defendant was speeding, but the plaintiff was injured due to an oil spill on the road, then there is no direct causation. 

Quantifiable damages 

Finally, the plaintiff must be able to show quantifiable damages. For instance, they may have a medical diagnosis, hospital reports, bills from the auto repair shop, proof of lost wages, etc. For financial compensation to be awarded, the court must have some quantifiable measures of the damages suffered. 

If you have been injured in a car crash, you may have a right to compensation. Seek legal guidance to find out more about personal injury claims.