What are the many elements of a negligence case?

If you have reason to believe that another person acted in a negligent manner, thus leading to your injuries, there are certain elements you need to prove.

Before reaching a final verdict, the jury in your case will take into consideration the facts, testimony from all parties involved and evidence.

Here are the five elements of a negligence case:

  • Duty
  • Breach of duty
  • Cause in fact
  • Proximate cause
  • Damages

The more you learn about these elements of a negligence case, the easier it is for you to understand how the process will move forward.

For example, many outcomes are based largely on whether or not the defendant owed a duty to the injured party. This comes into play when the law recognizes any type of relationship between the individuals. Furthermore, because a relationship is in place, the defendant must act in a particular manner toward the plaintiff.

The element of damage is one that often moves to the forefront, with the plaintiff being required to prove that the defendant harmed them, such as in the form of an injury. It's important to be able to prove actual damage, not just that the defendant failed to act in the appropriate manner.

As you can see, there are many details to think about if you have reason to believe that you have a negligence case. It's important to become familiar with the many elements of a negligence case, while also knowing your legal rights. This knowledge will help you better understand what to expect upfront, as well as when your case begins to move through the legal system.

Source: FindLaw, "Elements of a Negligence Case," accessed Nov. 08, 2017

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