How to Prove Negligence in a Personal Injury Case

Personal injury cases are often the only legal recourse someone has after suffering injuries and other losses in an accident. Although these aren’t criminal proceedings, you’re still required to provide evidence that shows the other person was at fault. That’s why it’s so important to know how to prove negligence in a personal injury case.

If you’ve suffered because of someone else’s conduct, the team at Leverty & Associates provides the necessary assistance to demonstrate that you deserve compensation.

Contact our personal injury lawyers in Reno at (775) 322-6636 and schedule a free consultation. 

What Is Negligence?

The Elements Needed to Establish It

Negligence is a legal theory that you and your personal injury lawyer must prove before you’re able to hold the other party responsible for your injuries.

Duty of Care

Proving negligence first requires that you establish that the defendant owed you a duty of care. You must ask yourself, did the other party have a responsibility to avoid conduct that would put you in harm’s way? In car accidents, for example, every motorist has a duty of care toward others on the road to behave appropriately and obey all traffic laws.

Breach of Duty

The next element you must prove is that the party breached their duty of care. Something to remember is that civil law uses the Hand Formula to determine whether someone breached their responsibility. This formula states that if the burden of taking necessary precautions to avoid someone else coming to harm is less than the probability of someone suffering an injury and the defendant refused to act accordingly, then they breached their duty of care. In other words, if a simple and affordable remedy was available, and the defendant didn’t bother to apply it, then they breached their responsibility toward others.

Causation

Proving causation is the next step. Causation requires that you show the defendant’s conduct directly caused your injuries. There is an additional factor to know here, which is the term proximate cause. If the defendant’s actions somehow cause the plaintiff harm via random chance, the person had no way of foreseeing the potential danger. That means they are not responsible for the injuries. If they could have predicted that their conduct would cause harm and went ahead with what they were doing regardless of the danger, then they are responsible.

Damages

The final element you and your attorney must prove is that the losses you suffered can be compensated. For example, if you were injured in a car crash but didn’t receive medical care, the court cannot grant you compensation for medical expenses.

For over 40 years, we’ve helped the people of Reno recover millions in compensation.

The Challenges of Proving Negligence

Although all elements of proving negligence are complex, the third one tends to be the most difficult. Showing a direct link between someone’s conduct and the losses you suffered can be tough, and it tends to be the step that insurance companies focus on most. Often, proving causation requires relying on witness testimony, especially that of professionals. When dealing with a defective auto part that caused an accident, for example, having mechanics testify that the part didn’t function as it should have is essential.

Insurance companies will try to fight you throughout the entire process, which is why you need to hire lawyers with negotiation and litigation experience. Your lawyer will know the evidence that can help you prove negligence and will actively work toward gathering key pieces of information that can prove you deserve compensation.

Types of Evidence That Can Prove Negligence

Often, you can get vital evidence from the scene of the accident. This is the case if you’ve been in a traffic collision, for example. Taking pictures and videos of the vehicles, road conditions, and your injuries are all essential.

You must make certain you maintain clear and careful medical records. Make sure that you get medical help as soon as possible so that insurance companies don’t have any ammunition to use against you. If you wait too long and then claim that you’re suffering serious injuries, they might not believe you.

Another vital piece of evidence in traffic accidents and other similar incidents is the police report. That report will have a wealth of information, including the on-site officer’s take on fault.

Witness testimonies are another vital component of proving negligence. These can include eyewitness accounts as well as testimonies from professionals who can offer insight into technical aspects of the case. In car collisions, accident reconstructionists are helpful, while during medical malpractice cases, other medical professionals can offer information on whether the defendant acted appropriately.

Something to remember about personal injury cases is that, unlike criminal cases, you don’t have to prove what happened beyond a reasonable doubt. You only have to prove negligence by a preponderance of evidence. That’s an essential difference that makes it easier for plaintiffs to recover losses via a civil action.

Depending on Trusted Legal Representation After Suffering Losses

Leverty & Associates Provide Experience and Dedication

Being in any kind of accident that leaves you struggling with physical and emotional trauma can be devastating. You may not be able to go to work, and you could require ongoing medical care that results in stratospheric medical expenses. If someone’s negligent conduct resulted in your losses, you have the right to begin a case against them to get fair compensation. That’s not something you ever want to do on your own, however — not when you have to negotiate with insurance companies and face the risk of ending up in court.

At Leverty & Associates, we have decades of experience representing people throughout Las Vegas and Reno. We can guide you through the entire process and offer our aggressive negotiation skills to manage whatever tactics insurance companies want to throw our way. You don’t have to go through the aftermath of an injury alone.

Call us at (775) 322-6636 to speak with a personal injury lawyer at Leverty & Associates.

Attorney Patrick Leverty

Attorney Patrick LevertyWith his master’s in insurance law, Patrick routinely helps individuals and businesses who are having issues with their insurance company. He also has extensive experience with personal injury actions, complex tort actions, product liability matters, and class actions. Patrick Leverty is rated AV by Martindale Hubbell (the highest rating) and has been granted membership in the Million Dollar Advocate Forum, and Multi-Million Dollar Advocate Forum. Patrick Leverty has been certified as a Personal Injury Specialist by the State Bar of Nevada. [ Attorney Bio ]

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