A personal injury claim is filed when a person has suffered harm from an accident caused by the reckless, intentional, or negligent behavior of another person or entity. Put another way, when injuries are caused by another’s negligent behavior, a personal injury claim may be filed to pursue a financial settlement.
If you or a loved one was injured as a result of the behavior of another, contact an experienced, local personal injury attorney to discuss your legal rights. A local injury lawyer will be familiar with the laws in your state (or the state where the incident occurred if it is different) and can assess your situation to let you know whether you have a legitimate personal injury claim. Most importantly, they know how to prove negligence in personal injury cases.
What is Negligence?
Broadly speaking, in personal injury law negligence refers to fault. As in: who was “at fault” for the accident? Personal injury claims are civil claims, which means they have a lower burden of proof than criminal trials. In personal injury cases, the burden of proof is This means that
Unlike criminal trials, which require proof “beyond a reasonable doubt,” personal injury cases only require the plaintiff to show that the defendant’s actions were more likely than not the cause of the injuries. This is known as proving negligence by a “preponderance of the evidence” across four key elements. Understanding the four elements of a personal injury claim is the first step to knowing whether you could have a successful claim.
What Are the Four Elements of a Negligence Case?
The following four elements must be proved for a successful personal injury claim:
- Duty to exercise reasonable care – In order to be liable for an accident or injury, a person or organization must have a duty to exercise care. For example, a driver has a duty to exercise reasonable care to avoid motor vehicle accidents and accidents involving pedestrians.
- Failure to exercise reasonable care (negligence) – The plaintiff must prove that the defendant breached their duty to exercise reasonable care. For example, a driver who was intoxicated and speeding.
- Causation – The plaintiff must prove that there is a direct link between the negligent behavior and the harm caused to the injured victim. At a minimum, the breach of duty must have at least contributed to the injury.
- Actual damages suffered – There is no claim unless the victim suffered damages. It also may not be advisable to pursue a personal injury claim if the injuries were minor. Recoverable damages include: medical expenses, lost wages, pain and suffering, emotional trauma, loss of consortium, and disability.
A personal injury attorney can determine whether your case has the four elements required for a successful personal injury claim. In addition, they can help identify the damages involved in your case and what each of them is worth to calculate a fair settlement for your claim.
How Do Personal Injury Lawyers Prove the Elements of Negligence?
To prove these elements, lawyers gather various types of evidence, including:
Accident reports: Police reports or incident reports can provide valuable information about the incident.
Witness statements: Eyewitness accounts can help establish what happened and who was at fault.
Photographs and videos: Visual evidence can clearly depict the scene, damage, and injuries.
Medical records: Documentation of medical appointments to diagnose and treat injuries is essential for proving damages.
Expert testimony: In complex cases, experts like accident reconstruction specialists or medical professionals can help support your claim.
Skills Required to “Win” a Negligence Case
It is important to understand that winning a negligence case has only occurred when the injured party has received full and fair compensation for their losses. If clients want to ensure they receive the maximum settlement for their case, it is very important that they hire a local personal injury lawyer with proven experience and a track record of success, as shown by their reviews and years as a personal injury attorney.
Experienced personal injury attorneys win negligence cases by carefully preparing the case with a thorough investigation and paying close attention to all relevant details. They are resourceful, analytical, and skilled negotiators and will exhibit focused persistence on fighting for your rights and recovering maximum compensation on your behalf.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
