Proving Negligence Is the Key to Every Personal Injury Case

What is negligence? In the simplest terms, negligence is a failure to take proper care when performing any action. Examples in everyday life range from delaying the repair of a hazardous walkway to sending a text message in traffic. When another party's careless actions result in injury to you or someone you love, proving negligence in court is the key to collecting a jury award to cover medical bills and other losses. Attorney Kerry Steigerwalt in San Diego, CA, is here to help you understand what constitutes negligence and how his personal injury law firm can help you collect the compensation you deserve from responsible parties. To schedule a free case review, call (858) 413-9228 or send us a message online.

 
In the simplest terms, negligence is a failure to take proper care when performing any action.

Proving Negligence

There are four elements that must be proven in order to demonstrate that a defendant acted negligently:

Duty 

The defendant must have owed a legal duty to the plaintiff under the circumstances. For example, it is the duty of a vehicle operator to maintain a safe and expected level of care behind the wheel. 

Breach

It must be proven that the defendant's duty to the plaintiff was breached. For example, if a medical device malfunctions due to a faulty design, it could be argued that the manufacturer breached a duty to provide a patient with a safe product.

Causation

A plaintiff must substantiate that a defendant’s negligence is a direct cause of an injury. For example, liquid spills in grocery stores happen frequently. If employees fail to clean the spill or alert patrons in a timely manner, and the spill results in an injury, this negligence could be considered the cause of the injury. However, if the injury occurs within seconds of the spill, before the staff had time to become alerted to the spill and address it, the injury may not be attributed to negligence.

Damages 

A plaintiff must also prove that the accident resulted in injury and other losses. This is often largely dependent upon evidence such as medical evaluations and assessments of property damage.

Why You need an attorney

Injured parties often feel that these crucial elements are clear to everyone involved. However, it is very important to remember that negligent parties have their own best interests to protect, and they can easily enlist the help of an attorney who is willing to go to great lengths to convince a jury that their client was in no way responsible for injuries and other losses. If you have been injured, it is absolutely essential to hire an attorney who can prove that your losses were no fault of your own, and can help you collect the compensation to which you are entitled.

Schedule a Consultation

If you have been injured due to another party's negligent actions, we encourage you to schedule a free case review with our team. Call our offices at (858) 413-9228, or send us a message online today.