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The Elements of a Negligence Case

The Elements of a Negligence Case

If you suspect that you have a negligence case, it’s important to fully evaluate your case. In general, when someone acts in a careless way and causes injury to another, this falls under the term of negligence. Most personal injury insurance claims as well as personal injury lawsuits are based on this concept. There are four elements of negligence to look at with a negligence case. These four elements need to be proven to show the defendant is at fault.

Elements of a negligence case 

When you’re in this type of situation, it can be a trying experience. It’s important to know what you’re getting into. Working with a skilled lawyer can help you navigate this process in a more effective manner and help you get the outcome you desire.

 

The four elements of negligence:

1. Duty of Care

Under this element, the law recognizes that the two parties have a relationship, which causes a legal obligation for both parties to act in a certain way toward the other. An example is that all drivers need to exercise care toward other drivers, pedestrians and cyclists.

 

2. Breach

The next element is a breach of the duty of care. This shows that the person failed to exercise reasonable care. An example is a driver who drives dangerously and hits someone.

 

3. Causation

The third element is that the breach of duty of care is the legal cause of the injury or harm that came to the plaintiff. There are two components which are actual cause and proximate cause. Actual cause is when otherwise the person wouldn’t have otherwise been injured. Proximate cause is when the extent and type of injury were reasonably related to the breach.

 

4. Damages

The last element is damages. The person who was injured needs to have an injury that can be remedied by monetary compensation.

All of these elements of a negligence case are closely related and must all be present in order to receive damages for an injury. If you believe that you have all of the elements, you should move forward. If you’re unsure or need legal advice, you should speak with a lawyer who is skilled in handling personal injury cases and negligence cases. Contact us to schedule a consultation and for help with your negligence case and the best manner to move forward.

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