Personal injury cases can be complex and overwhelming, especially when trying to prove negligence. Negligence is a legal term used to describe when someone omits to take necessary measures to prevent harm or injury to others. In these cases, negligence is often the key factor determining whether a plaintiff can recover damages. This guide will provide insight into what negligence is and how it's proven. 

What Is Negligence? 

Negligence is a legal concept that refers to a failure to act with reasonable care. In personal injury cases, negligence occurs when someone fails to take reasonable care to prevent harm or injury to others. Negligence law is meant to hold duty holders responsible and prevent future reoccurrences. Personal injuries can result from slips and falls, car accidents, and medical malpractice.

What Is Comparative Negligence? 

Comparative negligence is a legal concept that allows the court to apportion fault between the plaintiff and the defendant. In some cases, the plaintiff may have contributed to their own injuries. In such situations, the court will assess the degree of fault of each party and reduce the damages awarded accordingly. For example, if the plaintiff is found to be 30% at fault and the damages are $100,000, the plaintiff will receive $70,000 in damages. 

How to Prove Negligence

To prove negligence, four key elements must be established: duty of care, breach of duty, causation, and damages. The duty of care is the legal obligation to act with reasonable care to prevent harm or injury to others. A breach of duty occurs when the defendant fails to act with reasonable care. Causation refers to the defendant's breach of duty causing the plaintiff's injuries. Finally, damages refer to the plaintiff suffering actual damages as a result of the defendant's breach of duty. 

Proving negligence requires evidence and legal expertise. An experienced personal injury lawyer can help gather the necessary evidence, such as medical records, witness statements, and expert testimony, to build a strong case and prove negligence. They can help individuals recover losses and receive justice.

If you've been injured due to someone else's negligence, put your trust in Leif Erickson Law Office. They’re a reputable law firm that handles personal injury cases in Sioux City, IA. They have over 25 years of experience and will help you navigate the legal process and recover the compensation you deserve. Contact them at (712) 234-3040 to schedule a free consultation or visit their website for more information.