Personal injury law can be classified into several different types of claims, such as negligence, products liability, and premises liability, among others. Each type of claim is comprised of different elements that must be proven in order to recover damages in a personal injury case. The vast majority of injury cases are negligence claims. Negligence occurs when a person fails to exercise reasonable care in order to avoid a foreseeable risk of harm to another. If a person’s negligent act results in financial, emotional, or physical injury to someone who is owed a duty of care, then the negligent wrongdoer can be held liable for damages. In order to demonstrate negligence, the experienced attorneys at Levenbaum Trachtenberg must demonstrate to the judge or jury each of the following four elements:
- Duty of Care: You must first prove that the defendant owed you a duty of care, which is an obligation to exercise reasonable caution in order to avoid a foreseeable risk of harm to another. A duty of care is generally proven with little difficulty in auto accident cases, as all vehicle operators owe a duty of care to other drivers on the road. It can become more complicated with other types of personal injury cases.
- Breach of Duty: You must also prove that the defendant breached the duty of care by failing to act with due caution in preventing a foreseeable risk of injury to you. Therefore, you must demonstrate that the defendant committed a careless, reckless, or intentional act in breaching the duty of care owed to you.
- Causation: You must prove that the defendant’s breach of duty caused your injuries. Although this may seem relatively straightforward, proving causation can be extremely complex. An experienced injury lawyer can investigate all possible causes of your injuries in order to properly establish causation in your personal injury case.
- Damages: Finally, you must be able to demonstrate that you sustained damages as a result of your injuries. Damages can be physical, emotional, or financial.
Remember that a plaintiff must prove every one of the above elements in order to recover damages in a personal injury case. Therefore, if you can demonstrate the first three, but cannot convince a jury that you sustained damages because of the accident, you will not be able to receive compensation for your injuries. Contact an experienced injury lawyer at Levenbaum Trachtenberg today to learn more about proving negligence in your personal injury case.