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How do you prove negligence in a personal injury claim?

On Behalf of | Oct 28, 2022 | personal injury |

Maryland residents who suffer injuries due to no fault of their own might consider filing a lawsuit. However, before filing, it’s necessary to know whether negligence is the basis of your injury. You must know how to prove negligence.

Understanding negligence

Personal injury claims are civil actions based on the theory of negligence. If your injuries were caused due to another person’s negligence, you must prove that certain elements are present. There are four elements that must be established.

Proving negligence

The first element in a personal injury negligence claim is that the defendant owed a duty to the victim. That duty was to avoid the situation that posed the risk of danger and injury. For example, instead of following the traffic laws, the individual was driving recklessly and struck the victim’s vehicle.

The second element in proving negligence in a personal injury case is that the defendant breached their duty to behave in a reasonable manner. In the example of the car accident, driving recklessly constitutes that breach.

The third element of negligence is causation. This means that the victim’s injuries were caused by the actions of the defendant after they breached their duty of care. Using the example of reckless driving, if the defendant had followed the rules of the road, they would not have struck the victim’s vehicle and caused their injuries.

The fourth and final element of negligence involves the damages suffered by the victim. When a person suffers an injury because of someone else’s negligence, they have a right to file a claim requesting compensation for their damages. This includes medical expenses, lost wages, repairs to their vehicle and non-economic damages like pain and suffering.

If you are able to prove negligence in your personal injury claim, your case might be successful.



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