If you’ve recently filed a personal injury lawsuit, either against a person or an entity (like a healthcare facility or manufacturer of dangerous drugs), you’ve probably heard your Denver personal injury attorney talking about proving negligence. Whether the defendant was negligent or not can make a difference in the outcome of your claim. The element of negligence is also what separates an injury caused by an unfortunate accident from an injury that qualifies as grounds for filing a suit for damages.
What is negligence, legally speaking?
The legal concept of negligence contains four elements, each of which must be established to support a personal injury claim or damages:
- One party (the defendant) had a duty of care for the safety of the other party (the plaintiff)
- The defendant failed to take reasonable steps to preserve the safety of the plaintiff
- The plaintiff was physically injured due to the defendant’s breach of duty of care
- The plaintiff suffered financial loss due to the accident and injuries
Personal injury lawsuits are civil claims intended to compensate the plaintiff for their losses, referred to as damages. However, the plaintiff has the burden of proof to establish that the defendant was negligent and that this negligence caused financial loss.
Building a case for negligence
Personal injury attorneys build claims for injured plaintiffs by collecting evidence demonstrating the defendant’s lack of reasonable care for the plaintiff’s safety. The type of evidence varies according to the circumstances of the injury, and each element of negligence may require a different sort of evidence.
1. Establishing the relationship between the plaintiff and defendant
There are many scenarios in which one person or entity has a responsibility to ensure the safety of another person:
- Employer of employees
- Property owner to visitors and guests
- Dangerous pet owners to other people and pets
- One driver to another; commercial drivers have an extra set of regulations governing their responsibilities
- Consumer product manufacturer (including medications) to customers
- Healthcare facilities for patients
- Doctors, nurses, and healthcare professionals to patients
The first step is to show that the relationship and responsibilities existed. Our attorneys usually do this by obtaining testimony from each party, affirming their role and relationship.
2. Proving the defendant abandoned their duty of care
Next, we show how a defendant failed to properly care for the plaintiff’s safety. Many times, this means explaining what a reasonable person, in the defendant’s position, would have done in that situation and then comparing the defendant’s actions (or lack of action) to it.
Expert witnesses can be valuable in establishing the standard of reasonable care. For example, in medical malpractice claims, a medical expert explains to a jury how a patient with the plaintiff’s symptoms should have been treated. In a case involving a semi-truck accident, a transportation expert can explain the federal regulations governing trucker conduct and show where the defendant failed to follow them.
Part of the case may also include direct evidence of the defendant’s actions, like a video of the accident or witness testimony of the events. If the claim involved a consumer product, then the manufacturer’s safety and production records may come into play.
3. Linking the defendant’s negligence to the injurious event
It’s not enough to show that the defendant failed to act as a reasonable person should. In a personal injury claim, your attorney must show how the defendant’s actions caused the incident in which you were injured.
Evidence for this aspect of negligence can include witness testimony, video of the accident (from (traffic cameras or dash cams, security footage, or even a private video), photos of the accident scene, or a malfunctioning consumer product.
Your post-incident medical records are one of the most important pieces of evidence for drawing causation between the accident and your injuries. Most of the evidence we use to prove that the defendant caused the accident can be used to show your injuries; for example, a witness could have seen the accident happen and that you were hurt in the event.
4. Proving the accident caused your financial loss
Finally, we show that you incurred financial losses because of the incident. Evidence includes medical bills, pay stubs showing the times you missed work, or a repair estimate for your property damage (like an autobody estimate).
You’re entitled to compensation for your pain and suffering and emotional trauma, although this is a little more difficult to quantify. Your attorney may ask you to keep a journal of your pain and limitations on your abilities because of your injuries or may have you testify about how the accident has caused a diminished quality of life.
Legal help for personal injury victims
If someone else’s negligence has injured you, you have the right to claim full compensation. Zara Injury Law can help you secure a fair settlement. Call (866) 823-8288 today for a free consultation.