What is Negligence?
Most claims that came from a car accident or other personal injury case used the basis for claiming a person or company is responsible for any resulting harm comes from a theory called negligence.
When people acted carelessly and resulted in other peoples injury will be legally liable for any resulting harm under the principle of negligence. This basis for determining and assessing fault is appropriated in most discussions involving an accident or injury during informal settlement talk and through a trial in a personal injury lawsuit.
Four Elements of a Negligence Claim
Four Elements of a Negligence Claim, the plaintiff, must prove the following four elements to win a negligence case and to show that the defendant acted negligently.
Duty – Under the circumstances, the defendant owed a legal obligation to the plaintiff.
Breach – The defendant breached that legal duty by failing to perform in a particular way.
Causation – It’s the defendant’s responsibility that resulted in the plaintiff’s injury.
Damages – Because of the of the defendant’s actions the plaintiff was harmed or injured.