How to Prove Negligence in a Personal Injury Claim
May 18, 2017
An injury caused by another’s negligence can impose a serious burden on your life by building up expensive medical bills and causing disruption to your daily activities.
In order to pursue legal action against the at-fault individual for compensation for your loss and suffering, you will need to prove his or her negligence caused your injury.
What is Negligence?
Negligence is a term used to define a person or party’s disregard for the safety and well-being of others by acting carelessly or recklessly.
This is an important factor in establishing a legal case against a party who has caused others a great deal of pain and suffering, such as in a medical malpractice or car accident claim.
There are four elements that must be present in order for a victim (plaintiff) to prove the at-fault party’s (defendant) liability in a personal injury claim.
When bringing a negligence claim, the first step you must take is to determine whether the defendant owed you a legal duty of care.
In claims involving negligence, the defendant has a legal obligation to ensure your safety and the well-being of others.
This could refer to a legal obligation that a motorist would have to drive safely and within the state’s traffic laws. A motorist’s duty is to ensure the safety of all others sharing the roadway and to refrain from behavior that would cause a traffic collision.
The defendant’s duty could also be a professional obligation that he or she had to the plaintiff, such as a doctor-patient relationship.
In a medical malpractice claim, the doctor’s duty would have been to provide the patient with competent and high-quality care that reflects the standards held by the medical community.
Breach of Duty
Once you establish the defendant had an obligation to ensure your safety, you must prove that he or she breached this duty.
A breach of duty is considered any action that does not reflect the behavior or decisions a reasonably prudent person would make under similar circumstances.
A reasonably prudent person is a legal term that refers to an individual who acts responsibly and with regard for the safety of others.
Proving that the defendant breached his or her duty would require you to show that a reasonable person, given what the defendant knew at the time, would have behaved differently and reached an outcome that would not have caused your injury.
A motorist, for instance, has an obligation to drive in a manner that would ensure the safety of everyone sharing the roadway. The motorist can breach this duty by driving recklessly like being under the influence of drugs or alcohol.
In a negligence claim, it is not enough to show that the defendant breached his or her duty to ensure the safety of others. You must definitively prove that your injury was caused by the defendant’s negligence.
Proving causation will require you to produce evidence that shows the defendant’s actions or inactions caused your injury. In civil claims, there are two types of causations:
Cause in Fact
A cause, in fact, occurs if the plaintiff’s injury would not have occurred had the defendant’s actions not caused it.
This means the defendant’s actions were a direct cause of the plaintiff’s injury. A scenario in which a cause in fact injury occurs would be when a motorist runs a stop sign and strikes a cyclist crossing the street.
The defendant’s actions directly injured the cyclist, who would have remained unharmed had the defendant stopped.
Proximate cause occurs when the plaintiff’s injury was an obvious and foreseeable result of the defendant’s actions leading up to the accident.
Proximate cause is also referred to as “but for causation” because it means that although a particular breach may not have directly caused your injury, it would not have occurred had the defendant not breached his or her duty.
An example of proximate causation can occur when a property owner neglects to fix a broken sidewalk and a pedestrian trips and falls on the pavement.
Although the property owner did not cause the pedestrian to trip and fall, he or she would not have been injured had the property owner not breached his or her duty of maintaining the sidewalk.
In the final step for proving negligence, you must show that the defendant’s breach of duty resulted in you suffering actual damages.
Actual damages include any expenses directly related to the defendant’s failure to exercise reasonable care. This can include medical expenses from treating your injury or damages to your personal property, such as vehicle repair costs.
In order to file a personal injury claim, you must be able to list a monetary value the court can use to compensate your physical injury or financial loss. Because of this, you will need to prove the defendant’s negligence caused you to suffer financial despair.
Proving negligence is not always straightforward and can become complicated when you attempt to build a case that supports your claim.
Our Phoenix personal injury attorneys have decades of combined experience in representing victims of negligence and understand the fundamentals needed to successfully represent your claim.
Contact us for a free, no-obligation consultation so we can review your claim and determine if you are able to proceed with legal action. We provide all of our services for no upfront cost. The only time we require payment is if we recover damages for your claim.
Call 1-800-706-3000 if you were injured because of another’s negligence.
Free Case Evaluation
Your message has been sent
Thank you for your message, we will get back to you soon.
- Auto Accidents
- Business Litigation
- Class Action Lawsuits
- Defective Drug
- Defective Products
- Employee Rights
- Employment Law
- Firm News
- Medical Malpractice
- Motorcycle Accidents
- Nursing Home Abuse
- Pedestrian Accident
- Personal Injury
- Premises Liability
- Product Liability
- Slip and Fall
- Social Security Disability
- Workers' Compensation
- Wrongful Death
I tried a few previous law firms and none would take my car accident case with confidence they could get my anything. Phillips law group took my case and although it took around 4 years to get this case settled as I was in treatment, they never let up with insurance adjusters and they got me as much money as possible. They worked hard for me and advocated for me. Shoutout to key individuals who worked my case nonstop of the years, Robert Ross & Jasmine, you are AMAZING!
Jasmine , did a great job . Highly recommend!!!!!
Liz Gonzales was great!!!!
Phillips Law Group provides a collaborative environment in which both attorneys and staff work together to achieve the best outcome for clients. As an attorney here at PLG, I’m lucky to be surrounded by seasoned attorneys and knowledgeable staff that share my enthusiasm for helping accident victims. The team here at PLG treats clients with respect and empathy while fighting hard to get the results they deserve.
Phillips Law Group is a company that has taught me so many things. Here your work, your dedication, effort and discipline are valued, in addition to the fact that, as a woman, as an immigrant and as a human being, I have been given value and empowerment. We are a successful law firm because all workers feel part of a great family. I am very proud and honored to work at Phillips Law Group.
I’ve been working at Phillips Law Group for nearly four years and I can confidently say this is the best personal injury firm in Arizona to work for. The firm is the best for numerous reasons but to start, Phillips Law Group gives employees opportunities for promotions and growth. I started working within the settlement department, moved to a paralegal assistant and grew to be a pre-litigation paralegal with my own case load. Each attorney I have worked for is extremely knowledgeable, friendly, and easy to talk to. Secondly, I love how Phillips Law shows appreciation for employees. They host Friday Zoom Huddles giving out PTO, goodie bags, special shout outs, bonuses and gift cards. They also host extravagant holiday parties and fun contests during the Holidays! Lastly, the firm cares about giving back to the community, which is a trait I value as well. It’s rewarding to see a fast paced firm taking time out of their busy day to pay it forward. I would highly recommend working at Phillips Law Group!
It’s an Honor and a Privilege to work for a company that cares about its employees and clients for 12 years. I’ve seen Management go out of their way to help someone whether it’s a personal matter or work related. I am also reminded of many occasions where a Client needed urgent help and we as a Team were able to get the person immediate assistance. At Phillips Law we make that happen through Teamwork and a dedication to our profession. I’ve had numerous jobs in several other fields, those were just jobs. This is a home. Many of us have been here for quite a few years, it feels like one large extended family.
I enjoy my work day here at Phillips Law Group and generally speaking I love my clients. Every day brings a new client or task to keep me on my toes. Administration keeps open communication and is hilarious most of the time! I love the way we celebrate FRIDAY, holidays and birthdays and how everything is so competitive. All in all I’m so fortunate to be here and I enjoy what I do.
I would like to send special thanks to Phillips Law Group for giving me the opportunity to be a part of the Best Law Firm here in the Valley. During these troubling times with the epidemic, Phillips Law Group has masterfully created this family-like environment while still maintaining a professional and business-like approach for all their clients. Thru impeccable leadership that is unmatched by other law firms to the Multi-diverse employment opportunities that many employees advance within the firm; Phillips Law Group has not only distanced themselves from all other competition in the Personal Injury field but also has innovatively changed the narrative of being a great law institution. From providing Employee Appreciation Day to celebrating all major Holiday including great competitive contests; Phillips Law Group has the total participation of all employees to help contribute to the continued success of this firm. So in closing I would like to thank Senior Administration (Jeffery Phillips, Eva Chiaramonte, and Tim Tonkin) along with all of my colleagues and many friends for help making Phillips Law Group a unique and wonderful place to call my place of employment for 6+ years.
Phillips law group is the best around!