If you’ve been injured in an accident and are considering legal action, the cornerstone of your case is proving negligence. Regardless of whether you suffer injury in an auto accident, a slip-and-fall or pedestrian accident, if you wish to collect compensation, you’ll need to show the defendant acted negligently, causing you to sustain injury. Legally defined, negligence is the failure to exercise the same level of care a reasonable person would have exercised in the same circumstances. In order to prove negligence, you must first demonstrate that the following four elements of negligence exist:
- Duty of care — You must show that the defendant owed you a duty of a care. A duty of care is a legal obligation imposed on anyone who performs an act that could foreseeably result in injury to others.
- Breach of duty — Next, you must be able to prove the defendant breached the duty of reasonable care that he or she owed to you.
- Causation — Did the defendant cause you to suffer injury or cause the accident that led to your injury?
- Damages — Lastly, you must have suffered actual harm as result of the defendant’s actions.
You should only pursue a legal case after you’ve seen a doctor or been to the hospital. After you’ve received proper medical care, your next move should be to consult with an experienced attorney. With the help of a personal injury lawyer, you can greatly increase your chances of obtaining rightful compensation.