By Shaun Murphy
Filing a personal injury case relies on the fact that the defendant is guilty of negligence. The elements of negligence have to be established to prove that. The same elements are used by the jury to decide on a verdict that points to the guilt or innocence of the person at fault.
A Palm Springs personal injury lawyer helps assess if your particular situation is strong enough to file as a personal injury case.
To help you understand, here are the elements of negligence:
Element of Duty in Negligence
The first element is “duty.” This refers to the responsibility of the defendant to avoid causing any harm to the plaintiff.
Breach of Duty in Negligence
Another element associated with this is “breach of duty” and both can be better explained in this example.
Let’s say the defendant dug a hole on public property and neglected to put up any warning sign. This caused a passerby to fall in that hole. The defendant is responsible for that passerby and the fact that he failed to place a sign is a breach of duty.
Let’s say the hole is on private property. The plaintiff is trespassing. Then, the defendant has no duty or responsibility for the safety of the plaintiff.
Causation in Negligence
Next is the but-for causation. This is the manner of proving that the defendant’s action did cause the injury. In the example above, the passerby would not have fallen if the defendant did not dig that hole.
Proximate Cause in Negligence
Fourth is the proximate cause. This refers to the scope of responsibility of the defendant in an injury case.
The passerby had another accident after the above incident that involved the defendant. Then the defendant will not be held liable because the passerby cannot prove that the defendant is a proximate cause of his new injuries.
Damages in Negligence
Fifth is “damages.” A personal injury case cannot be proven if there is no physical or monetary damage to the plaintiff caused by the defendant. In other words, if the plaintiff was not harmed in any way, then there is no case.
Our Palm Springs Personal Injury Lawyers Have the Experience You Need
Again, a Palm Springs personal injury lawyer helps you with your case. If you ever find yourself a victim of negligence that has caused you harm.
A case becomes stronger and has a better chance of winning if you can present physical evidences that can support your claim. Your Palm Springs personal injury lawyer will be able to collect proof and have them ready so that you can file your case. He also has to prove that it was not your carelessness that caused you that harm. You need to understand that it can be a tough legal fight. If you need significant compensation to the damages you suffered, receive the help of an experienced lawyer.
Contact us at 760-322-2275 to schedule a consultation with our personal injury lawyers.