Flint & Soyars PC
How to Prove Negligence in a Personal Injury Case
Proving someone else is responsible for your injury is one of the most important aspects of a personal injury case. The best way to do this is to prove the other party showed negligence in their actions. It’s okay if you acted negligently too, but in order to receive compensation you need to prove the other party showed more negligence than you.
To prove negligence you need to address four areas. For the sake of explanation we will create an injury scenario. In this scenario, John has rear-ended Sam’s car, which injured Sam’s neck and head. Here’s what Sam needs to prove.
Duty– Did John have a duty to consider Sam’s safety? In this situation, yes, because motorists naturally have a duty to watch out for other driver’s safety. In other cases, this part can be hard to prove.
Breach– Did John breach this duty? Obviously John breached his duty by rear-ending Sam.
Causation– Could John have caused Sam’s injury? Yes, John was found at the scene of the accident and he was driving the car when it rear-ended Sam. This part can also be tricky to prove in other cases that are not as straightforward as this situation.
Damages– Does Sam have measurable damages? Yes, Sam has medical bills and other costs associated with this injury.
Since it appears Sam can address all four parts, John’s actions will most likely be considered negligent and therefore he will be liable for Sam’s injury.
Most cases are not nearly this simple and proving these four parts can take a lot of work and time. If you are trying to prove someone is liable for your injury, call the Law Office of Flint & Soyars.