In personal injury claims, one factor matters more than all others- negligence. To be entitled to compensatory damages, the plaintiff must show that the defendant acted in a negligent manner.
Negligence is a legal concept that has been around for a long time, and it has four key elements. Outlined below is an overview of each element.
A duty of care
Firstly, it must be established that the defendant owed the plaintiff a duty of care. Generally, this is relatively easy to clarify. For example, all drivers owe a duty of care to other road users, pedestrians and anyone else they may come into contact with.
A breach of duty of care
The next element of negligence involves a breach of duty of care. This involves trying to assess whether or not the average person would have acted differently under the circumstances. If the defendant has acted in a manner that no reasonable person would have been expected to, then the second element of negligence is satisfied.
Examples of this may include driving over the speed limit or driving in a car that was known to be unroadworthy.
The cause of injury
For a personal injury claim to stand, the actions of the defendant must have directly caused the injury. For example, if the plaintiff was speeding and hit the defendant’s car, resulting in a neck injury to the defendant, then causation is established.
If, however, the defendant missed the plaintiff’s car, but the plaintiff crashed on the way home because they were stressed, there is no direct causation.
Damages
During a personal injury claim, the plaintiff must be able to show quantifiable damages. As compensation is generally monetary, a value must be placed on each type of damages. This could include lost wages, medical bills and vehicle damages. Non-economic damages such as pain and suffering may also be taken into consideration, but these must be proven.
If you have been injured by an act of negligence, seeking legal guidance is the first step toward obtaining just compensation.