What is negligence? How do I prove negligence?

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Negligence is a failure to take proper care in doing something. If you have been harmed in an accident that was caused by the careless actions of someone, that is most likely a potential negligence case. If a person is negligent and another person is harmed as a result, the victim can seek compensation from the wrongdoer through the court system. In most personal injury cases such as automobile accidents, slip and falls, and medical malpractice cases, negligence is involved.

Normally, four things must be proven in order to prove negligence. First, the plaintiff must prove there was a duty to act or to not act in a certain manner. An example is that drivers have a duty to follow the rules of the road, refrain from speeding, texting or drinking, etc. The second element is a breach of that duty. Typically, the victim must be able to show that the wrongdoer breached his or her duty to behave in a certain manner.

Next, the victim must show that the breach of the duty was the cause of the injuries. For example, if a person was driving drunk and struck another vehicle, injuring a passenger, it will likely be fairly easy to prove that the breach of the duty (the duty to refrain from drunk driving) caused the injuries. Finally, the victim must show damages. Common damages in personal injury cases include medical expenses and lost wages, as well as non-economic damages including pain and suffering.

If you can prove those four elements, you likely have a solid personal injury case. If you were the victim of another person’s wrongful actions, call the personal injury attorneys at Kennedy Hodges at 855-947-0707. We will provide you with a free consultation. Call to schedule your consultation or visit us on Facebook to learn more.

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