When a person is injured because of someone’s negligence, he or she should consider filing an injury claim against the responsible party. However, in a negligence case, a plaintiff needs to establish four elements to be able to justify a claim. The absence of one or more of these elements substantially increases the chances of a lawsuit being dismissed.
Every negligence case starts with identifying the defendant’s duty to the claimant. This duty may be based on a law or simply “the standard of reasonable care” that people owe toward each other. In the case of a car accident, this duty can be as basic as driving safely, such as driving within the speed limit and obeying all traffic laws.
Breach of Duty
Breach of duty is when a defendant fails to perform what is expected of him. Identifying if duty was indeed breached is not always clear-cut, and this is what necessitates working with a lawyer through the entire process.
A claimant needs to prove that the defendant’s action or inaction was truly the cause of his or her injury. If any other reason is identified, it’s possible that the claimant might not recover any compensation at all.
Injury or Damage
A claimant needs to prove that he sustained a physical, emotional or financial injury because of the defendant’s negligence before he can file a claim. Without proof, the claim may not move forward.