Excluding cases that involve strict liability, negligence is the basis of all injury claims that result in payouts. What is negligence, though, and how can you prove it when pursuing damages following an accident? 

Determining Negligence

Whether an injured party has grounds for a claim comes down to negligence. Although this might seem like a complicated legal concept, it’s fairly easy to determine if you have a valid case. Simply ask yourself whether the allegedly liable party owed you a duty of care and, if so, how they breached it. Such a breach would be considered negligence. For example, all motorists have an obligation to those in traffic around them to avoid driving while drowsy, distracted, or drunk. Therefore, getting behind the wheel while impaired would be considered a breach of this duty and, subsequently, a form of negligence. 

Securing Damagesnegligence

To file a successful negligence case, plaintiffs must be able to prove both liability and losses. You can prove liability by establishing the defendant owed you a duty of care and then demonstrating how he or she breached it. For example, if a surgeon left a sponge inside you, the mere fact that you were his or her patient is enough to establish the duty of care, and x-rays would likely demonstrate the breach. To recover compensation, though, you must then prove you incurred losses as a direct result of the breach. In the scenario mentioned above, medical bills, pharmacy receipts, insurance invoices, and income statements could prove damages. 


If you were hurt because of another party’s negligence, turn to Balderrama Law Firm LLC to start the claims process. Located in Carlsbad, NM, this personal injury firm is proud to help accident victims pursue the compensation they need to feel whole again. Areas of expertise include medical malpractice, motor vehicle collisions, and wrongful death. Visit their website to learn more about the kinds of cases they help clients resolve, and then call (575) 234-1111 to schedule a free consultation.