You have the right, if you’ve been injured by someone else’s negligence to claim compensation. To win a personal injury case, you will need to prove the defendant (at-fault person’s) negligence.

Negligence

You must prove the following elements to establish negligence:

Duty of care

First, you must prove that defendant owed a duty to care. It means that the defendant was legally required to act in a reasonable manner and to avoid harming others. Drivers, for example, owe it to other road users to drive safely and follow traffic laws.

Breach of Duty

After establishing that there was a duty to care, you must then prove that the defendant violated this duty. It is necessary to prove that the defendant’s inactions or actions were different from what a reasonably prudent person would do in similar circumstances. Evidence is needed to support the claim of neglect. This can include witness testimony, expert testimony or surveillance footage.

Causation

Causation is an important element. It requires proof of a direct link between the defendant’s actions and your injuries. Other evidence, such as medical records and expert medical testimony can be used to establish the link between the incident and the injuries you suffered.

Damages

You suffered damages as a result the defendant’s carelessness. Personal injury claims cannot be established by negligence alone without any actual losses or injuries. Losses can include medical expenses, lost wage, property damage and emotional distress.

What evidence do you need to prove negligence?

Evidence needed to prove negligence can be different depending on the accident circumstances, but there are some types of evidence that are common and often essential:

Each case is different, so it’s important to speak with an experienced Las Vegas Personal Injury Attorney to determine the best approach for your particular circumstances.

The post How to Prove Negligence In a Personal Injury Case first appeared on Harris & Harris Injury Lawyers.

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