Negligence is the basis for all personal injury cases. It is used to prove that there was a failure to use reasonable care on your behalf. Proving negligence requires the following elements:
- Establishing an obligation to keep you safe (or duty of care) from the person who caused you injury
- In other words, did they meet their reasonable responsibility to make sure you were out of harm’s way?
- Showing how the person or party failed to meet that obligation
- What caused the injury that they should have addressed?
- Presenting your injury and damages suffered
- Evidence and proof of the injury that was sustained is critical
- Proving how the person or party’s failure to meet that obligation caused your injury of loss
- It’s not just simply that you got hurt, but how did the person you are filing a claim against fail to prevent or cause the incident?