If you have been injured because of another party’s wrongful actions or negligence, seeking compensation involves bringing a personal injury claim or lawsuit. Usually, this kind of case hinges on the concept of negligence. But proving negligence can be challenging and requires careful navigation through a complicated legal framework. If you want to get the compensation you are entitled to, understand how to prove negligence and the steps involved in doing so. Also, hire a Des Moines personal injury lawyer to help you with this process as they can collect essential evidence for you and present your case in the most compelling way.
How to Prove Negligence
Proving negligence in personal injury cases involves establishing the following:
- Duty of care. To prove negligence in your case, establish the at-fault party owed you a duty of care. A duty of care is a person’s responsibility to avoid harming others. To determine the existence of this responsibility, you must show the relationships you have with the other party and the circumstances that surround the accident. For example, motorists owe other road users a duty of care to drive their vehicles safely. Likewise, property owners need to make sure their premises are safe for visitors.
- Breach of duty. A breach of duty happens when the negligent party does not act in a way that a reasonably sensible person would have in similar circumstances. A breach of duty can include careless or reckless actions or inaction. The courts will assess the defendant’s conduct against the reasonable person standard, which takes into account the way an average individual would have acted in the same situation. Establishing a breach of duty usually requires a thorough review of the facts including opinions, eyewitness statements, and other pieces of evidence that can show the actions of the defendant deviated from the standard.
- Causation. To prove negligence, a causal link between your injuries and the breach of duty must be established. It includes demonstrating that the action or inaction of the defendant directly caused your injuries. You should show the elements of causation: proximate cause and cause-in-fact. Proximate cause means your injuries were expected because of the actions of the defendant while cause-in-fact relates to whether your injuries wouldn’t have happened if the defendant had not breached their duty of care.
- Damages. The last step to prove negligence in your case is to demonstrate that you sustained damages because of the actions of the defendant. Damages are the monetary compensation you can seek for your losses because of the injuries. They can include medical expenses, pain and suffering, and lost wages.
Why Having Legal Representation is Important
Because proving negligence in your case is a complex process, you may want to have an attorney handling your case. This attorney can help you navigate the legal process, collect essential evidence, and establish a strong case that addresses the elements of negligence. Every step in the legal process requires strategic planning and careful consideration. Any misstep in the process can jeopardize your chances of getting the compensation you are entitled to. In addition, personal injury cases are subject to a legal deadline, known as a statute of limitations. This statute dictates the amount of time you have to file an injury lawsuit. Your lawyer can make sure you meet all legal deadlines and that your rights are protected through every step of the process.
To successfully prove negligence in your injury case, you must thoroughly understand the applicable legal principles and have a methodical approach when presenting evidence. Every step you take is vital to establishing a solid case. Such complexities underscore the need to secure legal representation.