To hold someone legally accountable for the injuries you sustained in an accident, their behavior must meet the legal definition of negligence. All four elements of this legal theory must be present to win the case as well. In preparation to file a personal injury claim, here is a closer look at what negligence is and an overview of its key components. 

The Legal Definition of Negligence

Negligence is commonly defined as not taking proper care in executing a task. As this definition is broad, the legal system narrows the parameters. This is designed to prevent frivolous claims, such as suing a nail technician for a poor-quality manicure or restaurant owner for an overcooked meal. 

To determine whether someone should be held responsible in a court of law for their actions, law schools define negligence as failure to behave with the level of care that someone else would have exercised under the same circumstances. Essentially, this means a judge takes into consideration whether it stands to reason that most people would have practiced a standard level of care to avoid a potentially dangerous situation. This includes a motorist choosing not to drink and drive as a means to keep other drivers and pedestrians safe or a homeowner fixing broken porch stairs to prevent visitors from slipping and falling.

Understanding the 4 Elements of Negligence

For a favorable outcome in your personal injury claim, you must prove the four elements of negligence are present in your case. First, you must establish that the defendant owed you a duty of care. This means they were obliged to take precautions to keep you out of harm's way, such as abiding by the speed limit or not texting while driving to prevent crashing into your vehicle. 

Next, you must prove the defendant breached this duty of care. In the reckless driver scenario, proof could come in the form of a speeding ticket or CCTV footage of the dangerous driving. 

The next element is causation, where you must prove that the defendant's actions were the direct cause of your injuries. For example, a driver hitting your car was the direct cause of injuries sustained in the accident, such as whiplash, lacerations, and a concussion. Lastly, you must prove you are owed damages for what happened. Your attorney could submit medical bills into evidence, for instance, to show you are owed compensation to cover treatment costs. To prove you are owed money for pain and suffering, witnesses can give testimony to reflect on how the accident has changed your quality of life.   

If you believe someone else's actions that caused you harm meet the legal criteria of negligence, contact the attorneys at Sibbernsen Law Firm, P.C. in Omaha, NE. Since 1981, the lawyers have been handling personal injury cases for clients throughout the state. The counselors will not charge legal fees unless a settlement or judgment is reached on your case. Get answers to frequently asked questions online and call (402) 493-7221 for a free consultation.