The proof of negligence is the basis of any personal injury claim. Before a victim can file a personal injury lawsuit against the defendant, they first need to prove the four elements of negligence, namely duty, breach, causation, and damages. These elements show that the action or inaction defendant caused the victim to sustain injury or harm and that the injury or harm gave rise to a demonstrable monetary loss.
Given the technicalities that are involved in proving the elements of negligence, it is often recommended that a victim works with an experienced personal injury to enhance their chances of getting full compensation for their injuries. Seasoned lawyers like Lawyer Stewart L. Cohen have an incredible experience, resources, and connections to help victims get the most from their lawsuit.
What is negligence?
According to Cornell University Law School, negligence is a failure to behave with the level of care that a reasonable person would under similar circumstances. A reasonable person, in this case, is one who acts in a way that’s legally appropriate.
How to prove negligence in a personal injury lawsuit
Duty of care
This is the idea that if there is a possibility of a person to be injured, there’s a duty for those who are in charge to take preventative measures. If a restaurant has an entryway where melting snow is a common problem during winter months, the owner is responsible for taking care of the entryway to ensure people are not exposed to the risk of injury. But if they do nothing, and someone is injured, then they are liable.
In addition to proof of negligence, the victim has to prove that they sustained quantifiable damage – whether it’s economic, physical or emotional and so on.
Here are examples of negligence resulting in a personal injury claim
Negligence in healthcare
In a hospital setup, negligence happens when a medical caregiver or any other employee harms or injures a patient through a negligent act, omission or error. Depending on who was rendering the solution, negligence in hospitals may include:
- Unnecessary surgery
- Failure to diagnose or misdiagnosing illness or injury
- Premature discharge
- Surgical errors or wrong site surgery
- Ignoring or misreading lab results
- Improper dosage or medication
- Failure to recognize symptoms
- Poor follow-up after discharge
- Failure to order proper testing
- Not taking appropriate or disregarding patient history
Negligence in car accidents
In a majority of car accident cases, negligence is used to hold an individual or company that’s legally liable for any resulting injury or harm. A driver is negligent when they fail to do something, like not giving the right of way to prevent an accident, or by intentionally doing something like missing a stop. Irrespective of whether they acted negligently or not is a fact that will be determined by the jury. Examples of negligence in a car accident include
- Failing to maintain control of the vehicle
- Failing to use the automobile’s equipment safely
- Failing to adhere to traffic laws
- Failing to be vigilant