Negligence is defined as “the failure to exercise a reasonable standard of care, putting another person at risk.” Negligence is the foundation to most injury cases because most injuries are the result of a person or company’s negligence.
Negligence occurs in many different injury cases, such as car accidents, workplace injuries, injuries caused at a business, and many more. There are four basic elements that can help prove whether or not a person acted negligently. They are:
- Duty – Did the at-fault party have a legal duty to prevent whatever caused the injury?
- Breach – Did the at-fault party breach the aforementioned duty by failing to act in a way to prevent the injury?
- Causation – Did the actions of the at-fault party cause the injury?
- Damages – Was the injured individual harmed as a result of the at-fault party’s actions?
All of these elements have to be proven prior to settling a case. Ultimately, your lawyer must prove the at-fault party was responsible for your injury prior to receiving any compensation. This step is tedious and involves extensive fact and evidence gathering from every moment, leading up to and even prior to the accident.
Types of Negligence
There are two different types of negligence. The first type of negligence, civil negligence, is the most common. In these cases, the at-fault party’s negligence resulted in an injury.
For example, a possible case involving civil negligence may involve an auto accident between two parties in which a driver got distracted and rear-ended the car in front of them, causing injury.
The second type of negligence, criminal negligence, is similar to the first. The largest difference, however, lies in the standard of care. In criminal negligence cases, you must prove the defendant exhibited a gross deviation from the standard of care. These cases are issued by the government and result in more severe and damaging consequences.
For example, a case involving criminal negligence may be an auto accident in which the defendant was driving drunk and seriously harmed the other driver. In this instance, the drunk driver (defendant) showed a gross deviation from standard of care.
Proving Negligence
If you are the victim in an injury case but cannot prove the defendant’s fault or negligence, you will not receive any monetary damages and will be responsible for the medical expenses that were incurred. Because the word “negligence” does not have an exact definition, personal injury cases can be complicated, costly, and uncertain. These cases are sometimes hard to prove without the right evidence.
An attorney’s job is to prove an injury was caused by the defendant’s negligence. Sometimes this happens before a trial takes place. Other times, a jury trial is necessary. At Berry Law Firm, our experienced attorneys can provide you the legal counsel you may need to prove that your injury was the result of negligence. Contact Berry Law Firm for a free consultation today.
