• Rhen Weaver

Elements Personal Injury Attorney Use in Negligence Claim

Proving negligence is required in most claims from accidents or injuries, such as car accidents or "slip and fall" cases. You don't have to understand everything, but your attorney will help. More about Gahanna, OH can be seen here.


Duty

When assessing a negligence claim, the first step is to see whether or not the defendant owed the plaintiff a legal duty of care. In some circumstances, the relationship between the plaintiff and defendant might create legal responsibility. For instance, a doctor owes a patient a legal obligation to provide him or her with competent medical care. Click here to read about Evidence Personal Injury Attorney Use to Prove Negligence.



Breach of Duty

The defendant is negligent if the average person, knowing what the defendant knew at the time, would have known that someone might have been injured due to the actions. Also that the person would have acted differently than the defendant did in that situation.


Causation

The third element requires that the plaintiff show that the defendant's negligence caused his or her injury. Sure, someone might be acting negligently, but the plaintiff can only recover if this negligence somehow causes the damage.


Damages

This element requires that the court compensate the plaintiff for his or her injury -- usually through monetary compensation for expenses such as medical care or property repair.