Negligence is the foundation of any personal injury claim, making the responsible party liable for any losses caused by their careless or reckless actions. To establish fault, the injured party’s attorney must satisfy strict legal criteria. When arguing negligence, your attorney must show that all of the following elements apply.

The 4 Elements of Negligence

1. Duty

The law generally assumes that individuals have a responsibility to ensure the safety of other people, but some professional relationships create an enhanced duty of care. For instance, medical professionals have a duty to provide a certain level of care and property owners are required to create a safe environment for anyone with a right to be there.

2. Breach of Duty

Once duty has been established, you must also demonstrate that the liable party breached that duty. For instance, if a driver failed to follow the rules of the road and caused an accident, they breached their duty of care toward other motorists. As a general rule, someone will be considered negligent if they failed to do what a reasonably prudent person would have done in that situation.

3. Causation

Proving that your injuries were caused by the other party’s negligence is often straightforward, but it can be more complex. As a general rule, the accident that caused your injuries must have been foreseeable before the victim can collect damages.

4. Damages

Finally, your injuries must have resulted in real, monetary damages, starting with medical expenses. In addition to your health care needs, you may also be eligible to collect compensation for lost wages, pain and suffering, and other noneconomic damages.

With 13 offices throughout Cincinnati and northern Kentucky, the personal injury attorneys at The Law Office of Gregory S. Young have served accident victims since 1958. Their caring and experienced professionals will provide the aggressive representation you deserve and will work to maximize your award. Visit their website to find your nearest location, call (513) 721-1077 to speak with a personal injury attorney, and follow their Facebook for more tips and advice.