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:
- Eyewitness testimony: Statements of individuals who witnessed an accident can be extremely valuable in establishing how the events unfolded, the actions taken by both parties, and the possible fault of the other party.
- Photos and Videos: Visible evidence helps recreate the scene, and can demonstrate any hazardous conditions that may have contributed to the accident.
- Medical Records : Medical records will help you document the extent of the injury and the treatment you received.
- Report of the Police If police responded to an accident, you can use their report as evidence for your version. This report is unbiased and can include statements by the parties involved and witnesses.
- Records of Maintenance and Inspection In some cases, records of maintenance and inspection can be crucial. Examples include truck accidents, accidents involving slips and falls or incidents resulting from defective products.
- Surveillance Video If available, footage from security cameras or traffic cameras can be used to provide an unbiased visual proof of the accident.
- Expert testimony In cases involving more complexity, experts like accident reconstruction experts and medical experts are often called on to analyze and recreate events that led up to an accident or to explain the relationship between injuries and defendant’s actions.
- Documentation: A proper documentation will strengthen your claim. Included in this are medical bills, receipts for property damage, lost wages and other financial costs due to injuries.
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.