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4 Elements of Proving Negligence

Any time someone sustains a serious injury in an accident or any other action caused by another person, legal matters can come into play. These are often very confusing for victims because they are unaware of the terms and what exactly needs to be shown.

In order to protect your rights and ability to seek compensation, there must be four elements present to prove negligence in a personal injury case. These include duty, breach of duty, causation, and damage. We break each of these down and what they mean for plaintiffs.

1. Duty

In many situations—such as when an individual is driving—there exists a duty of care to be responsible and safe in order to protect others from harm. This means acting with reasonable care in any given situation such as operating a motor vehicle or performing a medical procedure.

2. Breach of Duty

In order to continue with pursuing legal action, it must be shown that there was a breach of this duty of care such as a reckless action. This could mean speeding or distracted driving, performing the wrong operation, or any other irresponsible action.

3. Causation

Causation means that the breach of duty was the direct cause of the accident. Some action or negligence was what led to the accident which caused the injury. If it is shown that the accident and subsequent injury was caused by some other random action, the plaintiff may not be able to seek compensation.

4. Damages

The court must determine that the plaintiff may be compensated for his or her injuries. Damages may come in the form of monetary compensation to cover expenses related to the accident such as medical bills, lost wages, or property repair.

Pursuing compensation can be difficult. Don’t go at it alone. Our New York personal injury lawyers at Levine and Wiss stand ready to guide you through one of life’s most difficult times. We go the extra mile to see that our clients’ best interests are protected when they need it most.

Contact our legal team today to learn more about your rights.