Negligence

Negligence is the most commonly applied theory to personal injury or tort cases. When someone acts negligently, they do not behave in the same manner that a reasonably prudent person would, and they are responsible for the harm they cause. Here is what you need to know about the legal concept of negligence and how it can affect your personal injury case.

Legal Theories in Personal Injury Cases

Personal injury cases arise when someone is injured, and someone else is to blame.

Under this broad framework, various legal theories can apply, such as:

• Intentional misconduct, such as when someone is injured due to nursing home abuse or assault
• Recklessness, which occurs when someone shows a wanton disregard
• Strict liability, which applies when there is a law designed to protect people, someone violates that law, and another is injured
• Medical malpractice, which occurs when a medical provider deviates from the accepted standard of care and injures a patient as a result
• Breach of warranty, such as when a person is injured by a product that did not operate as it was intended to

Negligence is yet another legal theory involved in personal injury and applies in cases involving accidents. No one intended for anyone else to be harmed, but they still were.

The Legal Elements of Negligence

Negligence consists of four legal elements:

• Duty of care
• Breach of duty
• Causation
• Damages

Here is more information about each of these legal elements:

Duty of Care

The duty of care refers to a person’s legal responsibilities under certain circumstances. People may have duties of care based on their relationships to others, contracts, or the law.

Some common examples of duties of care include:

• All motorists are expected to obey the law and avoid collisions with others.
• Property owners are responsible for maintaining their properties to avoid injuring visitors
• Dog owners are expected to keep their dogs safe and prevent them from biting others.
• Medical providers are expected to let their

In the absence of a specific duty of care, all people are generally expected to act with the same level of care that someone of ordinary prudence would act with under similar circumstances.

Breach of Duty

A breach of duty is what the person did to violate the duty of care, such as:

• A motorist speeds and causes a car accident.
• A property owner fails to warn guests of a loose step.
• A dog owner lets their dog off-leash.
• A doctor fails to order necessary tests.

The breach of duty is a very fact-specific determination, so it’s important to work with a skilled personal injury lawyer who understands the legal requirements and how to prove when someone violated them.

Causation

Causation is the direct link between the defendant’s breach of duty and the accident. The accident would not have occurred if the driver had not been speeding, the dog had not been off leash, or the doctor had not violated the standard of care.

You will usually need objective evidence to prove causation, such as:

• Accident reports
• Witness statements
• Business records
• Videos or photos of the accident
• Cell phone records
• Employment records
• Medical records
• Reports from accident reconstruction experts

An experienced personal injury attorney can help identify, preserve, and gather the evidence necessary to establish your claim.

Damages

Damages are the losses you sustained because of the accident, such as:

• Medical bills you incurred to treat physical injuries
• Injuries you sustained, such as traumatic brain injuries, spinal cord injuries, or broken bones
• Property damage, including costs to repair or replace damaged property
• Lost wages for the income you lost while you were recovering from your injuries
• Pain and suffering
• Emotional distress
• A reduced quality of life due to your injuries

Medical records, employment records, daily pain journals, and statements from loved ones may be able to help establish the existence of your damages.

What Is the Burden of Proof for Proving Negligence?

As the plaintiff in a personal injury case, you have the burden of proof of demonstrating all of the above legal elements by the preponderance of the evidence. This means that the facts are more likely than not as you allege, or more than 50% likely.

If the judge or jury believes the defense just as much as you, you can’t recover damages. However, if the judge or jury believes you meet this burden of proof, they then consider the value of damages to award you against the defendant.

Contact the Anchorage Personal Injury Lawyers at Farnsworth & Vance Personal Injury Lawyers for Help Today

Farnsworth & Vance Personal Injury Lawyers knows the evidence necessary to meet the required evidentiary burden and how to prove negligence in a case. During a free case review, we can discuss the particulars of your situation and whether someone else’s negligence caused your injuries. Call us today at (907) 290-8980 to get started with a free consultation with an Anchorage personal injury attorney.