Knowing The 4 Elements Of Negligence Cases

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General negligence is the theory that you can apply as a foundation of your case if you were injured because of anothers recklessness. For example, you may have a strong case against a truck driver if an accident happened because he was drunk or he ran a red light. In this case, he will be considered negligent because he failed to follow traffic rules.

Negligence may be hard to prove since you will need to show that the defendant performed an action which will not be done by any reasonable person or failed to perform an action which any reasonable person would have avoided when placed in the same situation.

If you are planning to sue the person at fault, it is advisable that you acquire legal help from a Los Angeles personal injury attorney. He will help you win the case by establishing the four elements of negligence cases, which are:

1. Duty- The defendant should owe you a duty of care, which arises when there is a certain relationship between you and him. Because of this relationship, he is required to be careful with is actions in order to protect you from harm. For example, a driver you encountered on the road is required to follow traffic rules to avoid the occurrence of a collision.
2.Breach of duty- The defendant will he held liable for your injures if he breached this duty. You will be able to establish this element by showing that the defendant failed to exert reasonable care while he was trying to fulfill his duty.
3.Cause in fact- You should show that the accident and your injuries are caused by the defendants negligence. In addition, it should be proven that you will not be injured if he was careful with his actions.
4.Proximate cause- It covers the scope of the defendants liability in the case. He will only be responsible for the effects of his actions which he can foresee.
5.Damages- Lastly, you need to show that the defendants failure to act reasonably caused actual damages.

Your Los Angeles personal injury attorney can help you prove these elements by presenting the following evidence to the court:
  • Your medical documents
  • Police reports
  • Pictures taken after the accident
Aside from presenting these pieces of evidence, your Los Angeles Personal Injury Attorney will also try to look for people who have seen the accident. Their testimony will greatly help in proving that the defendant was negligent and you were injured because of it.
Elements of Negligence

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Knowing The 4 Elements Of Negligence Cases

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This article was published on 2010/10/20